There Is a Newer Version of the Illinois Compiled Statutes

2005 Illinois Code - 220 ILCS 5/ Public Utilities Act. Article XIII - Telecommunications

(220 ILCS 5/Art. XIII heading)
ARTICLE XIII.

TELECOMMUNICATIONS

(Article scheduled to be repealed on July 1, 2007)

(220 ILCS 5/13‑100)(from Ch. 111 2/3, par. 13‑100)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑100.

This Article shall be known and may be cited as the
Universal Telephone Service Protection Law of 1985.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑101)(from Ch. 111 2/3, par. 13‑101)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑101.

Application of Act to telecommunications rates and
services.  Except to the extent modified or supplemented by the
specific provisions of this Article, the Sections of this Act pertaining to
public utilities, public utility rates and services, and the regulation
thereof, are fully and equally applicable to noncompetitive
telecommunications rates and services, and the regulation thereof, except
where the context clearly renders such provisions inapplicable.  Except to
the extent modified or supplemented by the specific provisions of this
Article, Articles I through V, Sections 8‑301, 8‑505,
9‑221, 9‑222,
9‑222.1,
9‑222.2, 9‑250, and 9‑252.1, and Articles X and XI of this Act
are fully and equally applicable to
competitive telecommunications rates and services, and the regulation
thereof; in addition, as to competitive telecommunications rates and
services, and the regulation thereof, all rules and regulations
made by a telecommunications carrier affecting or pertaining to its
charges or service to the public shall be just and reasonable,
provided that nothing in this Section shall be construed to prevent
a telecommunications carrier from accepting payment
electronically or by the use of a customer‑preferred financially
accredited credit or debit methodology.
 As of the effective date of this amendatory Act of the 92nd General
Assembly,
Sections 4‑202, 4‑203,
and
5‑202 of this Act shall cease to apply to telecommunications rates and
services.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑102)(from Ch. 111 2/3, par. 13‑102)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑102.

Findings.

With respect to telecommunications services, as
herein defined, the General Assembly finds that:

(a) universally available and widely affordable telecommunications
services are essential to the health, welfare and prosperity of all Illinois
citizens;

(b) federal regulatory and judicial rulings in the 1980s caused a
restructuring of the telecommunications industry and opened some
aspects of the industry to competitive entry, thereby necessitating
revision of State telecommunications regulatory policies and practices;

(c) revisions in telecommunications regulatory policies and practices in
Illinois beginning in the mid‑1980s brought the benefits of competition to
consumers in many telecommunications markets, but not in local exchange
telecommunications service markets;

(d) the federal Telecommunications Act of 1996 established the goal of
opening all telecommunications service markets to competition and
accords to the states the responsibility to establish and enforce
policies necessary to attain that goal;

(e) it is in the immediate interest of the People of the State of Illinois
for the State to exercise its rights within the new framework of federal
telecommunications policy to ensure that the economic benefits of competition
in all telecommunications service markets are realized as
effectively as possible;

(f) the competitive offering of all telecommunications services
will increase innovation and efficiency in the provision of
telecommunications services and may lead to reduced prices for consumers,
increased investment in communications infrastructure, the creation of new
jobs, and the attraction of new businesses to Illinois; and

(g) protection of the public interest requires changes in the regulation of
telecommunications carriers and services to ensure, to the maximum feasible
extent, the reasonable and timely development of effective competition in all
telecommunications service markets.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑103)(from Ch. 111 2/3, par. 13‑103)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑103.

Policy.

Consistent with its findings, the General Assembly
declares that it is the policy of the State of Illinois that:

(a) telecommunications services should be
available to all Illinois
citizens at just, reasonable, and affordable rates and that such services
should be provided as widely and economically as possible in sufficient
variety, quality, quantity and reliability to satisfy the public interest;

(b) consistent with the protection of consumers of
telecommunications services and the furtherance of other public interest
goals, competition in all telecommunications service markets should be
pursued as a
substitute for regulation in determining the variety, quality and price
of telecommunications services and that the economic burdens of regulation
should be reduced to the extent possible consistent with the furtherance of
market competition and protection of the
public interest;

(c) all necessary and appropriate modifications to State regulation of
telecommunications carriers and services should be implemented without
unnecessary disruption to the telecommunications
infrastructure
system or to consumers of
telecommunications services and that it is necessary and appropriate to
establish rules to encourage and ensure orderly
transitions in the development of markets for all
telecommunications services;

(d) the consumers of telecommunications services and facilities provided
by persons or companies subject to regulation pursuant to this Act and Article
should be required to pay only reasonable and non‑discriminatory rates or
charges and that in no case should rates or charges for non‑competitive
telecommunications services include any portion of the cost of providing
competitive telecommunications services, as defined in Section 13‑209, or
the cost of any nonregulated activities;

(e) the regulatory policies and procedures provided in this Article are
established in recognition of the changing nature of the telecommunications
industry and therefore should be subject to systematic legislative review to
ensure that the public benefits intended to result from such policies and
procedures are fully realized; and

(f) development of and prudent investment in advanced
telecommunications services and networks that foster economic development
of the State
should be encouraged through the implementation and enforcement of policies
that promote effective and sustained competition in all
telecommunications service markets.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑201)(from Ch. 111 2/3, par. 13‑201)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑201.

Unless otherwise specified, the terms set forth in
the following Sections preceding Section 13‑301 of this Article are
used in this Act and Article as herein defined.

(Source: P.A. 85‑1405.)

(220 ILCS 5/13‑202)(from Ch. 111 2/3, par. 13‑202)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑202.

"Telecommunications carrier" means and includes every
corporation, company, association, joint stock company or association,
firm, partnership or individual, their lessees, trustees or receivers
appointed by any court whatsoever that owns, controls, operates or manages,
within this State, directly or indirectly, for public use, any plant,
equipment or property used or to be used for or in connection with, or owns
or controls any franchise, license, permit or right to engage in the
provision of, telecommunications services between points within the State
which are specified by the user.  Telecommunications carrier does not
include, however:

(a) telecommunications carriers that are owned and operated by any
political subdivision, public or private institution of higher education or
municipal corporation of this State, for their own use, or
telecommunications carriers that are owned by such political subdivision,
public or private institution of higher education, or municipal corporation
and operated by any of its lessees or operating agents, for their own use;

(b) telecommunications carriers which are purely mutual concerns, having
no rates or charges for services, but paying the operating expenses by
assessment upon the members of such a company and no other person but does
include telephone or telecommunications cooperatives as defined in
Section 13‑212;

(c) a company or person which provides telecommunications services solely to
itself and its affiliates or members or between points in the same building,
 or between closely located buildings, affiliated through substantial
common ownership, control or development; or

(d) a company or person engaged in the delivery of community antenna
television services as described in subdivision (c) of Section 13‑203,
except with respect to the provision of telecommunications services by that
company or person.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑202.5)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑202.5.

Incumbent local exchange carrier.

"Incumbent  local
exchange carrier" means, with respect to an area,   the   telecommunications
carrier   that
provided noncompetitive  local  exchange telecommunications service in that
area on
February 8, 1996, and on that date was deemed  a member  of  the  exchange
carrier
association pursuant to 47 C.F.R. 69.601(b), and includes its successors,
assigns, and
affiliates.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑203)(from Ch. 111 2/3, par. 13‑203)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑203.

Telecommunications service.

"Telecommunications service"
means the provision or offering for rent, sale or lease, or in exchange for
other value received, of the transmittal of information, by means of
electromagnetic, including light, transmission with or without benefit of
any closed transmission medium, including all instrumentalities,
facilities, apparatus, and services (including the collection, storage,
forwarding, switching, and delivery of such information) used to provide
such transmission and also includes access and interconnection arrangements
and services.

"Telecommunications service" does not include, however:

(a) the rent, sale, or lease, or exchange for other

value received, of customer premises equipment except for customer premises equipment owned or provided by a telecommunications carrier and used for answering 911 calls, and except for customer premises equipment provided under Section 13‑703;

(b) telephone or telecommunications answering

services, paging services, and physical pickup and delivery incidental to the provision of information transmitted through electromagnetic, including light, transmission;

(c) community antenna television service which is

operated to perform for hire the service of receiving and distributing video and audio program signals by wire, cable or other means to members of the public who subscribe to such service, to the extent that such service is utilized solely for the one‑way distribution of such entertainment services with no more than incidental subscriber interaction required for the selection of such entertainment service.

The Commission may, by rulemaking, exclude (1) private line service which
is not directly or indirectly used for the origination or termination of
switched telecommunications service, (2) cellular radio service, (3)
high‑speed point‑to‑point data transmission at or above 9.6 kilobits, or
(4) the provision of telecommunications service by a company or person
otherwise subject to Section 13‑202 (c) to a telecommunications carrier,
which is incidental to the provision of service subject to Section 13‑202 (c),
from active regulatory oversight to the extent it finds, after notice, hearing
and comment that such exclusion is consistent with the public interest and
the purposes and policies of this Article. To the extent that the
Commission has excluded cellular radio service from active regulatory
oversight for any provider of cellular radio service in this State pursuant
to this Section, the Commission shall exclude all other providers of
cellular radio service in the State from active regulatory oversight
without an additional rulemaking proceeding where there are 2 or more
certified providers of cellular radio service in a geographic area.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑204)(from Ch. 111 2/3, par. 13‑204)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑204.

"Local Exchange Telecommunications Service" means
telecommunications service between points within an exchange, as defined in
Section 13‑206, or the provision of telecommunications service for the
origination or termination of switched telecommunications services.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑205)(from Ch. 111 2/3, par. 13‑205)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑205.

"Interexchange Telecommunications Service" means
telecommunications service between points in two or more exchanges.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑206)(from Ch. 111 2/3, par. 13‑206)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑206.

Exchange.

"Exchange" means a geographical area for the
administration of telecommunications services, established and described by
the tariff of a telecommunications carrier providing local exchange
telecommunications service, and consisting of one or more contiguous
central offices, together with associated facilities used in providing such
local exchange telecommunications service.  To the extent practicable, a
municipality, city, or village shall not be located in more than one
exchange unless the municipality, city, or village is located in more than
one exchange through annexation that occurs after the establishment of the
exchange boundary.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑207)(from Ch. 111 2/3, par. 13‑207)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑207.

"Local Access and Transport Area (LATA) " means a
geographical area designated by the Modification of Final Judgment in U.S.
v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), as modified
from time to time.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑208)(from Ch. 111 2/3, par. 13‑208)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑208.

"Market Service Area (MSA)" means a geographical area
consisting of one or more exchanges, defined by the Commission for the
administration of tariffs, services and other regulatory obligations.  The
term Market Service Area includes those areas previously designated by
the Commission.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑209)(from Ch. 111 2/3, par. 13‑209)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑209.

"Competitive Telecommunications Service" means a
telecommunications service, its functional equivalent or a substitute
service, which, for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined geographical
area, is reasonably available from more than one provider, whether or not
such provider is a telecommunications carrier subject to regulation under
this Act.  A telecommunications service may be competitive for the entire
state, some geographical area therein, including an exchange or set of
exchanges, or for a specific customer or class or group of customers, but
only to the extent consistent with this definition.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑210)(from Ch. 111 2/3, par. 13‑210)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑210.

"Noncompetitive Telecommunications Service" means a
telecommunications service other than a competitive service as defined in
Section 13‑209.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑211)(from Ch. 111 2/3, par. 13‑211)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑211.

"Resale of Telecommunications Service" means the offering
or provision of telecommunications service primarily through the use of
services or facilities owned or provided by a separate telecommunications
carrier.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑212)(from Ch. 111 2/3, par. 13‑212)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑212.

"Telephone or Telecommunications Cooperative" means any
Illinois corporation organized on a cooperative basis for the furnishing of
telephone or telecommunications service.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑213)(from Ch. 111 2/3, par. 13‑213)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑213.

"Hearing‑aid compatible telephone" means a telephone so
equipped that it can activate an inductive coupling hearing‑aid or which
will provide an alternative technology that provides equally effective
telephone service and which will provide equipment necessary for the
hearing impaired to use generally available telecommunications services
effectively or without assistance.

(Source: P.A. 85‑1405.)

(220 ILCS 5/13‑214)(from Ch. 111 2/3, par. 13‑214)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑214.

(a) "Public mobile services" means air‑to‑ground radio
telephone services, cellular radio telecommunications services, offshore
radio, rural radio service, public land mobile telephone service and other
common carrier radio communications services.

(b) "Private radio services" means private land mobile radio services
and other communications services characterized by the Commission as
private radio services.

(Source: P.A. 85‑1405.)

(220 ILCS 5/13‑215)(from Ch. 111 2/3, par. 13‑215)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑215.

(a) "Essential telephones" means all coin operated
telephones in any public or semi‑public location, telephones provided for
emergency use, a reasonable percentage of telephones in hotels, motels,
hospitals and nursing homes and a reasonable percentage of credit card
operated telephones in any group of such telephones.

(b) "Emergency use telephones" includes all telephones intended
primarily to save persons from bodily injury, theft or life threatening
situations.  This definition includes, but is not limited to telephones in
elevators, on highways and telephones to alert police, a fire department or
other emergency service providers.

(Source: P.A. 85‑1405.)

(220 ILCS 5/13‑216)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑216.

Network element.

"Network element" means a
facility or equipment used in the provision of a telecommunications service.
The term also includes features, functions, and capabilities that are provided
by means of the facility or equipment, including, but not limited to,
subscriber
numbers, databases, signaling systems, and information sufficient for billing
and collection or used in the transmission, routing, or other provision of a
telecommunications service.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑217)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑217.

End user.

"End user" means any person, corporation,
partnership,
firm, municipality, cooperative, organization, governmental agency, building
owner, or
other entity provided with a telecommunications service for its own consumption
and not
for resale.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑218)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑218.

Business end user.

"Business end user" means (1) an end user
engaged
primarily or substantially in a paid commercial, professional, or institutional
activity; (2)
an end user provided telecommunications service in a commercial, professional,
or
institutional location, or other location serving primarily or substantially as
a site of an
activity for pay; (3) an end user whose telecommunications service is listed as
the
principal or only number for a business in any yellow pages directory; (4) an
end user
whose telecommunications service is used to conduct promotions, solicitations,
or market
research for which compensation or reimbursement is paid or provided; provided,
however, that the use of telecommunications service, without compensation or
reimbursement, for a charitable or civic purpose shall not constitute business
use of a
telecommunications service.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑219)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑219.

Residential end user.

"Residential end user" means an end
user other
than a business end user.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑220)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑220.

Retail telecommunications service.

"Retail telecommunications
service"
means a telecommunications service sold to an end user.  "Retail
telecommunications
service" does not include a telecommunications service provided by a
telecommunications
carrier to a telecommunications carrier, including to itself, as a component
of, or for the
provision of, telecommunications service. A business retail telecommunications
service is
a retail telecommunications service provided to a business end user.  A
residential retail
telecommunications service is a retail telecommunications service provided to a
residential end user.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

    (220 ILCS 5/13‑230)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑230. Prepaid calling service.

 "Prepaid calling service" means telecommunications service that must be paid for in advance by an end user, enables the end user to originate calls using an access number or authorization code, whether manually or electronically dialed, and is sold in predetermined units or dollars of which the number declines with use in a known amount.  A prepaid calling service call is a call made by an end user using prepaid calling service.  "Prepaid calling service" does not include prepaid wireless telephone service as defined in Section 10 of the Wireless Emergency Telephone Safety Act.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

    (220 ILCS 5/13‑231)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑231. Prepaid calling service provider.

"Prepaid calling service provider" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that contracts directly with a telecommunications carrier to resell or offers to resell telecommunications service as prepaid calling service to one or more distributors, prepaid calling resellers, prepaid calling service retailers, or end users.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

    (220 ILCS 5/13‑232)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑232. Prepaid calling service retailer.

  "Prepaid calling service retailer" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that sells or offers to sell prepaid calling service directly to one or more end users.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

    (220 ILCS 5/13‑233)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑233. Prepaid calling service reseller.

  "Prepaid calling service reseller" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that purchases prepaid calling services from a prepaid calling service provider or distributor and sells those services to one or more distributors of prepaid calling services or to one or more prepaid calling service retailers.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

(220 ILCS 5/13‑301)(from Ch. 111 2/3, par. 13‑301)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑301.

Consistent with the findings and policy established in
paragraph (a) of Section 13‑102 and paragraph (a) of Section 13‑103, and
in order to ensure the attainment of such policies, the Commission shall:

(a) participate in all federal programs intended to preserve or extend
universal telecommunications service, unless such programs would place cost
burdens on Illinois customers of telecommunications services in excess of
the benefits they would receive through participation, provided, however,
the Commission shall not approve or permit the imposition of any surcharge
or other fee designed to subsidize or provide a waiver for subscriber line
charges; and shall report on such programs together with an assessment of
their adequacy and the advisability of participating therein in its annual
report to the General Assembly, or more often as necessary;

(b) establish a program to monitor the level of telecommunications
subscriber connection within each exchange in Illinois, and shall report
the results of such monitoring and any actions it has taken or recommends
be taken to maintain and increase such levels in its annual report to the
General Assembly, or more often if necessary;

(c) order all telecommunications carriers offering or providing local
exchange telecommunications service to propose low‑cost or budget service
tariffs and any other rate design or pricing mechanisms designed to
facilitate customer access to such telecommunications service, and shall
after notice and hearing, implement any such proposals which it finds
likely to achieve such purpose;

(d) investigate the necessity of and, if appropriate, establish a universal service support fund
from which local exchange telecommunications
carriers
who pursuant to the Twenty‑Seventh Interim Order of the Commission in Docket
No. 83‑0142 or the orders of the Commission in Docket No. 97‑0621 and Docket
No.
98‑0679
received funding and whose economic costs of providing
services for which universal service support may be made available exceed
the
affordable rate established by the Commission for such services may be
eligible to receive
support, less any federal universal service support received for the same or
similar costs
of providing the supported services; provided, however, that if a universal
service support
fund is established, the Commission shall require that all costs of the fund be
recovered
from all local exchange and interexchange telecommunications carriers
certificated in
Illinois on a competitively neutral and nondiscriminatory basis.  In
establishing any such
universal service support fund, the Commission shall, in addition to the
determination of
costs for supported services, consider and make findings pursuant to paragraphs
(1), (2), and
(4) of item (e) of this Section.  Proxy cost, as determined by the
Commission, may be
used for this purpose.  In determining cost recovery for any universal service
support fund, the Commission shall not permit recovery of such costs from
another certificated carrier for any service purchased and used solely as an
input to a service provided to such certificated carrier's retail customers; and

(e) investigate the necessity of and, if appropriate, establish a
universal
service support
fund in addition to any fund that may be established pursuant to item (d)
of this
Section; provided, however, that if a telecommunications carrier receives
universal
service support pursuant to item (d) of this Section, that
telecommunications carrier
shall not receive universal service support pursuant to this item.
Recipients of any
universal service support funding created by this item shall be
"eligible"
telecommunications carriers, as designated by the Commission in accordance with
47
U.S.C. 214(e)(2).  Eligible telecommunications carriers providing local
exchange
telecommunications service
may be eligible to receive support for such services, less any federal
universal service support
received for the same or similar costs of providing the supported services.
If a fund is established, the
Commission
shall require that the costs of such fund be recovered from all
telecommunications
carriers, with the exception of wireless carriers who are providers of two‑way
cellular
telecommunications service and who have not been designated as eligible
telecommunications carriers, on a competitively neutral and non‑discriminatory
basis.  In
any order creating a fund pursuant to this item, the Commission, after
notice and
hearing, shall:

(1) Define the group of services to be declared

"supported telecommunications services" that constitute "universal service".  This group of services shall, at a minimum, include those services as defined by the Federal Communications Commission and as from time to time amended.  In addition, the Commission shall consider the range of services currently offered by telecommunications carriers offering local exchange telecommunications service, the existing rate structures for the supported telecommunications services, and the telecommunications needs of Illinois consumers in determining the supported telecommunications services. The Commission shall, from time to time or upon request, review and, if appropriate, revise the group of Illinois supported telecommunications services and the terms of the fund to reflect changes or enhancements in telecommunications needs, technologies, and available services.

(2) Identify all implicit subsidies contained in

rates or charges of incumbent local exchange carriers, including all subsidies in interexchange access charges, and determine how such subsidies can be made explicit by the creation of the fund.

(3) Identify the incumbent local exchange carriers'

economic costs of providing the supported telecommunications services.

(4) Establish an affordable price for the supported

telecommunications services for the respective incumbent local exchange carrier.  The affordable price shall be no less than the rates in effect at the time the Commission creates a fund pursuant to this item.  The Commission may establish and utilize indices or models for updating the affordable price for supported telecommunications services.

(5) Identify the telecommunications carriers from

whom the costs of the fund shall be recovered and the mechanism to be used to determine and establish a competitively neutral and non‑discriminatory funding basis.  From time to time, or upon request, the Commission shall consider whether, based upon changes in technology or other factors, additional telecommunications providers should contribute to the fund.  The Commission shall establish the basis upon which telecommunications carriers contributing to the fund shall recover contributions on a competitively neutral and non‑discriminatory basis. In determining cost recovery for any universal support fund, the Commission shall not permit recovery of such costs from another certificated carrier for any service purchased and used solely as an input to a service provided to such certificated carriers' retail customers.

(6) Approve a plan for the administration and

operation of the fund by a neutral third party consistent with the requirements of this item.

No fund shall be created pursuant to this item until existing
implicit
subsidies,
including, but not limited to, those subsidies contained in interexchange
access
charges, have been identified and eliminated through revisions to rates or
charges.
Prior to May 1, 2000, such revisions to rates or charges to eliminate implicit
subsidies shall occur contemporaneously with any funding established pursuant
to this item.  However, if the Commission does not establish a universal
service support fund by May 1, 2000, the Commission shall not be prevented from
entering an order or taking other actions to reduce or eliminate existing
subsidies as well as considering the effect of such reduction or elimination on
local exchange carriers.

Any telecommunications carrier providing local exchange
telecommunications service which offers to its local exchange customers a
choice of two or more local exchange telecommunications service offerings
shall provide, to any such customer requesting it, once a year without
charge, a report describing which local exchange telecommunications service
offering would result in the lowest bill for such customer's local exchange
service, based on such customer's calling pattern and usage for the
previous 6 months.  At least once a year, each such carrier shall provide a
notice to each of its local exchange telecommunications service customers
describing the availability of this report and the specific procedures by
which customers may receive it.  Such report shall only be available to
current and future customers who have received at least 6 months of
continuous local exchange service from such carrier.

(Source: P.A. 91‑636, eff. 8‑20‑99.)

(220 ILCS 5/13‑301.1)(from Ch. 111 2/3, par. 13‑301.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑301.1. Universal Telephone Service Assistance Program.

(a) The Commission shall by rule or regulation establish a Universal
Telephone Service Assistance Program for low income residential customers.
The program shall provide for a reduction of access line charges, a
reduction of connection charges, or any other alternative to increase
accessibility to telephone service that the Commission deems advisable
subject to the availability of funds for the program as provided in
subsection (d).  The Commission shall establish eligibility
requirements
for benefits under the program.

(b) The Commission shall adopt rules providing for enhanced enrollment for
eligible consumers to receive lifeline service.  Enhanced enrollment may
include, but is not limited to, joint marketing, joint application, or joint
processing with the Low‑Income Home Energy Assistance Program, the Medicaid
Program, and the Food Stamp Program.  The Department of Human Services, the
Department of Public Aid, and the Department of Commerce and Economic Opportunity,
upon request of the Commission, shall assist in the adoption and implementation
of those rules.  The Commission and the Department of Human Services, the
Department of Public Aid, and the Department of Commerce and Economic Opportunity
						
may enter into memoranda of understanding establishing the respective duties of
the Commission and the Departments in relation to enhanced enrollment.

(c) In this Section, "lifeline service" means a retail local service
offering described by 47 C.F.R. Section 54.401(a), as amended.

(d) The Commission shall require by rule or regulation that each
telecommunications carrier providing local exchange telecommunications
services notify its customers that if the customer wishes to participate in
the funding of the Universal Telephone Service Assistance Program he may do
so by electing to contribute, on a monthly basis, a fixed amount that will
be included in the customer's monthly bill.  The customer may cease
contributing at any time upon providing notice to the telecommunications
carrier providing local exchange telecommunications services. The notice
shall state that any contribution made will not reduce the customer's bill
for telecommunications services.  Failure to remit the amount of increased
payment will reduce the contribution accordingly.  The Commission shall
specify the monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Universal Telephone Service Assistance
Program may choose from in making their contributions.  Every
telecommunications carrier providing local exchange telecommunications
services shall remit the amounts contributed in accordance with the terms
of the Universal Telephone Service Assistance Program.

(Source: P.A. 94‑793, eff. 5‑19‑06.)

(220 ILCS 5/13‑301.2)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑301.2. Program to Foster Elimination of the Digital Divide.

The Commission shall require by rule that each
telecommunications carrier providing local exchange telecommunications
service notify its end‑user customers that if the customer wishes to
participate in the funding of the Program to Foster Elimination of the Digital
Divide he or she may do so by electing to contribute, on a monthly basis, a
fixed
amount that will be included in the customer's monthly bill.  The obligations
imposed in this Section shall not be imposed upon a telecommunications carrier
for any of its end‑users subscribing to the services listed below: (1) private
line service which is not directly or indirectly used for the origination or
termination of switched telecommunications service, (2) cellular radio service,
(3) high‑speed point‑to‑point data transmission at or above 9.6 kilobits, (4)
the provision of telecommunications service by a company or person otherwise
subject to subsection (c) of Section 13‑202 to a telecommunications carrier,
which is
incidental to the provision of service subject to subsection (c) of Section
13‑202; (5) pay
telephone service; or (6) interexchange telecommunications service.
The customer
may
cease contributing at any time upon providing notice to the telecommunications
carrier. The notice shall state that any contribution made will not reduce the
customer's bill for telecommunications services.  Failure to remit the amount
of increased payment will reduce the contribution accordingly.  The Commission
shall specify the monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Program to Foster Elimination of the Digital
Divide may choose from in making their contributions.  A telecommunications
carrier subject to this obligation shall remit the amounts contributed by
its customers to the Department
of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination
Fund at the intervals specified in the Commission rules.

(Source: P.A. 93‑358, eff. 1‑1‑04; 94‑793, eff. 5‑19‑06.)

(220 ILCS 5/13‑301.3)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑301.3. Digital Divide Elimination Infrastructure Program.

(a) The Digital Divide Elimination Infrastructure Fund is created as a
special
fund in the State treasury. All moneys in the Fund shall be used, subject to
appropriation, by the Commission to fund (i) the construction of facilities
specified in
Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private
and
public funds, including federal funds, for deposit into the Fund. Earnings
attributable to
moneys in the Fund shall be deposited into the Fund.

(b) The Commission shall adopt rules under which it will make grants out of
funds appropriated from the Digital Divide Elimination Infrastructure Fund to
eligible
entities as specified in the rules for the construction of high‑speed data
transmission
facilities in eligible areas
of the State.  For purposes of determining whether an area is an eligible
area, the Commission shall consider, among other things, whether (i) in such
area, advanced telecommunications services, as defined in subsection (c) of
Section 13‑517 of this Act, are under‑provided to residential or small business
end users, either directly or indirectly through an Internet Service Provider,
(ii) such area has a low population density, and (iii) such area has not yet
developed a competitive market for advanced services.  In addition, if an
entity seeking a grant of funds from the Digital Divide Elimination
Infrastructure Fund is an incumbent local exchange carrier having the duty to
serve
such area, and the obligation to provide advanced services to such area
pursuant to
Section 13‑517 of this Act, the entity shall demonstrate that it has sought
and obtained an exemption from such
obligation
pursuant to subsection (b) of Section 13‑517.  Any entity seeking a grant of
funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate
to the Commission that the grant shall be used for the construction of
high‑speed data transmission facilities in an eligible area and demonstrate
that it satisfies  all other requirements of the Commission's rules.  The
Commission shall determine the information that it deems necessary to award
grants pursuant to this Section.

(c) The rules of the Commission shall provide for the competitive selection
of
recipients of grant funds available from the Digital Divide Elimination
Infrastructure Fund
pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders
chosen
on the basis of the criteria established in such rules.

(d) All entities awarded grant moneys under this Section shall maintain all
records required by Commission rule for the period of time specified in the
rules. Such
records shall be subject to audit by the Commission, by any auditor appointed
by the
State, or by any State officer authorized to conduct audits.

(Source: P.A. 92‑22, eff. 6‑30‑01; 93‑306, eff. 7‑23‑03; 93‑797, eff. 7‑22‑04.)

(220 ILCS 5/13‑302)(from Ch. 111 2/3, par. 13‑302)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑302.

(a) No telecommunications carrier shall implement a local
measured service calling plan which does not include one of the following
elements:

(1) the residential customer has the option of a

flat rate local calling service under which local calls are not charged for frequency or duration; or

(2) residential calls to points within an untimed

calling zone approved by the Commission are not charged for duration; or

(3) a low income residential Universal Service

Assistance Program, which meets criteria set forth by the Commission, is available.

(b) In formulating the criteria for the low income residential Universal
Service Assistance Program referred to in paragraph (3) of Subsection (a),
the Commission shall consider the desirability of various alternatives,
including a reduction of the access line charge or connection charge for
eligible customers.

(c) For local measured service plans implemented prior to the effective
date of this amendatory Act of 1987 which do not contain one of the
elements specified in paragraph (1) or (2) of subsection (a) of this Section,
the Commission shall order the telecommunications carrier having such a
plan to include one of the elements specified in paragraph (1) or (2) of
subsection (a) of this Section by January 1, 1989.

(Source: P.A. 85‑1286.)

(220 ILCS 5/13‑303)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑303.

Action to enforce law or orders.

Whenever the Commission
is of the opinion that a telecommunications carrier is failing or
omitting, or is about to fail or omit, to do anything required of it by law or
by an order, decision, rule, regulation, direction, or requirement of the
Commission or is doing or permitting anything to be done, or is about to do
anything or is about to permit anything to be done, contrary to or in violation
of law or an order, decision, rule, regulation, direction, or requirement of
the Commission, the Commission shall file an action or proceeding in the
circuit court in and for the county in which the case or some part thereof
arose or in which the telecommunications carrier complained of has its
principal place of business,
in the name of the People of the State of Illinois for the purpose of
having the violation or threatened violation stopped and prevented either by
mandamus or injunction.  The Commission may express its opinion in a resolution
based upon whatever factual information has come to its attention and may
issue the resolution ex parte and without holding any administrative hearing
before bringing suit.  Except in cases involving an imminent threat to the
public health and safety, no such resolution shall be adopted until 48 hours
after the telecommunications carrier has been given notice of (i) the substance
of the alleged violation, including citation to the law, order, decision, rule,
regulation, or direction of the Commission alleged to have been violated and
(ii) the time and the date of the meeting at which such resolution will first
be before the Commission for consideration.

The Commission shall file the action or proceeding by complaint in the
circuit court alleging the violation or threatened violation complained of
and praying for appropriate relief by way of mandamus or injunction.  It shall
be the duty of the court to specify a time, not exceeding 20 days
after the service of the copy of the complaint, within which the
telecommunications carrier complained of must answer the complaint, and in the
meantime the telecommunications carrier may be restrained.  In case of default
in answer or after answer, the court shall immediately inquire into the facts
and circumstances of the case.  The telecommunications carrier and persons that
the court may
deem necessary or proper may be joined as parties.  The final judgment in any
action or proceeding shall either dismiss the action or proceeding or grant
relief by mandamus or injunction as prayed for in the complaint, or in such
modified or other form as will afford appropriate relief in the court's
judgment.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑303.5)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑303.5.

Injunctive relief.

If, after a hearing, the Commission
determines that a telecommunications carrier has violated this Act or a
Commission order or rule, any telecommunications carrier adversely affected by
the
violation may seek injunctive relief in circuit court.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑304)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑304.

Action to recover civil penalties.

(a) The Commission shall assess and collect all civil penalties established
under this Act against
telecommunications carriers, corporations other than telecommunications
carriers, and persons acting as telecommunications carriers.
Except for the penalties provided under
Section 2‑202, civil penalties may be assessed only after notice and
opportunity to be heard.  Any such civil penalty may be compromised by the
Commission.  In determining the amount of the civil penalty to be assessed, or
the amount of the civil penalty to be compromised, the Commission is authorized
to consider any matters of record in aggravation or mitigation of the penalty,
including but not limited to the following:

(1) the duration and gravity of the violation of the

Act, the rules, or the order of the Commission;

(2) the presence or absence of due diligence on the

part of the violator in attempting either to comply with requirements of the Act, the rules, or the order of the Commission, or to secure lawful relief from those requirements;

(3) any economic benefits accrued by the violator

because of the delay in compliance with requirements of the Act, the rules, or the order of the Commission; and

(4) the amount of monetary penalty that will serve

to deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act, the rules, or the order of the Commission by the violator and other persons similarly subject to the Act.

(b) If timely judicial review of a Commission order that imposes a civil
penalty is taken by a telecommunications carrier, a corporation other than a
telecommunications carrier,
or a person acting as a telecommunications carrier on whom or on which the
civil penalty has been imposed, the reviewing court shall enter a judgment on
all amounts upon affirmance of the Commission order.  If timely judicial review
is not taken and the civil penalty remains unpaid for 60 days after service of
the order, the Commission in its discretion may either begin revocation
proceedings or bring suit to recover the penalties.  Unless stayed by a
reviewing court, interest shall accrue from the 60th day after the date of
service of the Commission order to the date full payment is received by the
Commission.

(c) Actions to recover delinquent civil penalties under this Section shall
be brought in the name of the People of the State of Illinois in the circuit
court in and for the county in which the cause, or some part thereof, arose, or
in which the entity complained
of resides. The action shall be commenced and prosecuted to final judgement by
the Commission.  In any such action, all interest incurred up to the time of
final court judgment may be recovered in that action.  In all such actions, the
procedure and rules of evidence shall be the same as in ordinary civil actions,
except as otherwise herein provided.  Any such action may be compromised or
discontinued on application of the Commission upon such terms as the court
shall approve and order.

(d) Civil penalties related to the late filing of reports, taxes, or other
filings shall be paid into the State treasury to the credit of the Public
Utility Fund.  Except as otherwise provided in this Act, all other fines and
civil penalties shall be paid into the State treasury to the credit of the
General Revenue Fund.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑305)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑305.

Amount of civil penalty.

A telecommunications carrier, any
corporation other than a
telecommunications carrier, or any person acting as a telecommunications
carrier that violates or fails to comply with any provisions of this Act or
that fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, or requirement, or any part or provision thereof, of the
Commission, made or issued under authority of this Act, in a case in which a
civil penalty is not otherwise provided for in this Act, but excepting Section
5‑202 of the Act, shall be subject to a civil penalty imposed in the manner
provided in Section 13‑304 of no more than $30,000 or 0.00825% of the carrier's
gross intrastate annual telecommunications revenue, whichever is greater, for
each offense unless the violator has fewer than 35,000 subscriber access lines,
in which case the civil penalty may not exceed $2,000 for each offense.

A telecommunications carrier subject to administrative penalties resulting
from a final Commission order approving an intercorporate transaction entered
pursuant to Section 7‑204 of this Act shall be subject to penalties under this
Section imposed for the same conduct only to the extent that such penalties
exceed those imposed by the final Commission order.

Every violation of the provisions of this Act or of any order, decision,
rule, regulation, direction, or requirement of the Commission, or any part or
provision thereof, by any corporation or person, is a separate and distinct
offense.
Penalties
under this Section shall attach and begin to accrue from the day after written
notice is delivered to such party or parties that they are in violation of or
have failed to
comply with this Act or an order, decision, rule,
regulation, direction, or requirement of the Commission, or part or provision
thereof.
In case of a continuing violation, each day's continuance
thereof
shall be a separate and distinct offense.

In construing and enforcing the provisions of this Act relating to penalties,
the act, omission, or failure of any officer, agent, or employee of any
telecommunications carrier or of any person acting within the scope of his or
her duties or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or person.

If the party who has violated or failed to comply with this Act or an order,
decision, rule, regulation, direction, or requirement of the Commission, or any
part or provision thereof, fails to seek timely review pursuant to Sections
10‑113 and 10‑201 of this Act, the party shall, upon expiration of the
statutory time limit, be subject to the civil penalty provision of this
Section.

Twenty percent of all moneys collected under this Section shall be deposited
into the Digital Divide Elimination Fund and 20% of all moneys collected under
this Section shall be deposited into the Digital Divide Elimination
Infrastructure Fund.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑401)(from Ch. 111 2/3, par. 13‑401)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑401.

Certificate of Service Authority.

(a) No telecommunications carrier not possessing a certificate of public
convenience and necessity or certificate of authority from the Commission
at the time this Article goes into effect shall transact any business in
this State until it shall have obtained a certificate of service authority
from the Commission pursuant to the provisions of this Article.

No telecommunications carrier offering or providing, or seeking to offer
or provide, any interexchange telecommunications service shall do so until
it has applied for and received a Certificate of Interexchange Service
Authority pursuant to the provisions of Section 13‑403. No
telecommunications carrier offering or providing, or seeking to offer or
provide, any local exchange telecommunications service shall do so until it
has applied for and received a Certificate of Exchange Service Authority
pursuant to the provisions of Section 13‑405.

Notwithstanding Sections 13‑403, 13‑404, and 13‑405, the Commission
shall approve a cellular radio application for a Certificate of Service
Authority without a hearing upon a showing by the cellular applicant that
the Federal Communications Commission has issued to it a construction
permit or an operating license to construct or operate a cellular radio
system in the area as defined by the Federal Communications Commission, or
portion of the area, for which the carrier seeks a Certificate of Service
Authority.

No Certificate of Service Authority issued by the Commission shall be
construed as granting a monopoly or exclusive privilege, immunity or
franchise. The issuance of a Certificate of Service Authority to any
telecommunications carrier shall not preclude the Commission from issuing
additional Certificates of Service Authority to other telecommunications
carriers providing the same or equivalent service or serving the same
geographical area or customers as any previously certified carrier, except
to the extent otherwise provided by Sections 13‑403 and 13‑405.

Any certificate of public convenience and necessity granted by the
Commission to a telecommunications carrier prior to the effective date of
this Article shall remain in full force and effect, and such carriers need
not apply for a Certificate of Service Authority in order to continue
offering or providing service to the extent authorized in such certificate
of public convenience and necessity. Any such carrier, however, prior to
substantially altering the nature or scope of services provided under a
certificate of public convenience and necessity, or adding or expanding
services beyond the authority contained in such certificate, must apply for
a Certificate of Service Authority for such alterations or additions
pursuant to the provisions of this Article.

The Commission shall review and modify the terms of any
certificate of public convenience and necessity issued to a
telecommunications carrier prior to the effective date of this Article in
order to ensure its conformity with the requirements and policies of this
Article. Any Certificate of Service Authority may be altered or modified by
the Commission, after notice and hearing, upon its own motion or upon
application of the person or company affected. Unless exercised within a
period of two years from the issuance thereof, authority conferred by a
Certificate of Service Authority shall be null and void.

(b) The Commission may issue a temporary Certificate which shall remain
in force not to exceed one year in cases of emergency, to assure maintenance
of adequate service or to serve particular customers, without notice and
hearing, pending the determination of an application for a Certificate, and
may by regulation exempt from the requirements of this Section temporary
acts or operations for which the issuance of a certificate is not necessary
in the public interest and which will not be required therefor.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑402)(from Ch. 111 2/3, par. 13‑402)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑402.

The Commission is authorized, in connection with the
issuance or modification of a Certificate of Interexchange Service
Authority or the modification of a certificate of public convenience and
necessity for interexchange telecommunications service, to waive or modify
the application of its rules, general orders, procedures or notice
requirements when such action will reduce the economic burdens of
regulation and such waiver or modification is not inconsistent with the law
or the purposes and policies of this Article.

Any such waiver or modification granted to any interexchange
telecommunications carrier which has, or any group of such carriers any one
of which has annual revenues exceeding $10,000,000 shall be
automatically applied fully and equally to all such carriers with annual
revenues exceeding $10,000,000 unless the Commission specifically finds,
after notice to all such carriers and a hearing, that restricting the
application of such waiver or modification to only one such carrier or some
group of such carriers is consistent with and would promote the purposes
and policies of this Article and the protection of telecommunications
customers.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑402.1)(from Ch. 111 2/3, par. 13‑402.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑402.1.

Provision of video services.

Any telecommunications
carrier that is prohibited or restricted under laws or regulations of the
United States from providing video programming services within its local
exchange telephone service area, or from providing related channels of
communication, pole or conduit space or rental arrangements to an
affiliated entity for use in connection with the provision of video
programming, shall not provide video programming, as currently defined
under Section 602(16) of the Communications Act of 1934, 47 U.S.C. Section
522 (16), within such area, and shall not permit such use of its facilities
by an affiliated entity for use in connection with the provision of video
programming unless and to the extent those laws and regulations no longer
prohibit or restrict the telecommunications carrier from doing so, and for
an additional period of 6 months to afford the General Assembly the
opportunity (1) to determine whether such prohibition or restriction should
be further extended, modified, or permitted to lapse, and (2) if necessary,
to determine whether to take affirmative legislative action authorizing
such activities.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑403)(from Ch. 111 2/3, par. 13‑403)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑403.

Interexchange service authority; approval.

The
Commission shall approve an application for a
Certificate of Interexchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that
the applicant possesses sufficient technical, financial and managerial
resources and abilities to provide interexchange telecommunications
service.  The removal from this Section of the dialing restrictions by
this amendatory Act of 1992 does not create any legislative presumption for
or against intra‑Market Service Area presubscription or changes in
intra‑Market Service Area dialing arrangements related to the
implementation of that presubscription, but simply vests jurisdiction in
the Illinois Commerce Commission to consider after notice and hearing the
issue of presubscription in accordance with the policy goals outlined in
Section 13‑103.

The Commission shall have authority to alter the boundaries of Market
Service Areas when such alteration is consistent with the public interest
and the purposes and policies of this Article. A
determination by the Commission with respect to Market Service
Area boundaries shall not modify or affect the rights or obligations of any
telecommunications carrier with respect to any consent decree or agreement
with the United States Department of Justice, including, but not limited
to, the Modification of Final Judgment in United States v. Western Electric
Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from time to
time.

(Source: P.A. 91‑357, eff. 7‑29‑99.)

(220 ILCS 5/13‑404)(from Ch. 111 2/3, par. 13‑404)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑404.

Any telecommunications carrier offering or providing the
resale of either local exchange or interexchange telecommunications service
must first obtain a Certificate of Service Authority. The Commission shall
approve an application for a Certificate for the resale of local exchange
or interexchange telecommunications service upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that
the applicant possesses sufficient technical, financial and managerial
resources and abilities to provide the resale of telecommunications service.

(Source: P.A. 84‑1063.)

    (220 ILCS 5/13‑404.1)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑404.1. Prepaid calling service authority; rules.

(a)  The General Assembly finds that it is necessary to require the certification of prepaid calling service providers to protect and promote against fraud the legitimate business interests of persons or entities currently providing prepaid calling service to Illinois end users and Illinois end users who purchase these services.

(b)  On and after July 1, 2005, it shall be unlawful for any prepaid calling service provider to offer or provide or seek to offer or provide to any distributor, prepaid calling service reseller, prepaid calling service retailer, or end user any prepaid calling service unless the prepaid calling service provider has applied for and received a Certificate of Prepaid Calling Service Provider Authority from the Commission.  The Commission shall approve an application for a Certificate of Prepaid Calling Service Provider Authority upon a showing by the applicant, and a finding by the Commission, after notice and hearing, that the applicant possesses sufficient technical, financial, and managerial resources and abilities to provide prepaid calling services. The Commission shall approve an application for a Certificate of Prepaid Calling Service Provider Authority without a hearing upon a showing by the applicant that the Commission has issued an appropriate Certificate of Service Authority (whether a Certificate of Interexchange Service Authority or Certificate of Exchange Service Authority or both) to the applicant or the telecommunications carrier whose service the applicant is seeking to resell, provided that the telecommunications carrier remains in good standing with the Commission. The Commission may adopt rules necessary for the administration of this subsection.

(c)  Upon issuance of  a Certificate of Prepaid Calling Service Provider Authority to a prepaid calling service provider, the Commission shall post a list that contains the full legal name of the prepaid service provider, the docket number of the provider's certification proceeding, and the toll‑free customer service number of the certified prepaid calling service provider on the Commission's web site on a link solely dedicated to prepaid calling service providers. If the certified prepaid calling service provider changes its toll‑free customer service number, it is the duty of the certified prepaid calling service provider to provide the Commission with notice of the change and with the provider's new toll‑free customer service number at least 24 hours prior to changing its toll‑free customer service number. The Commission may adopt rules that further define the administration of this subsection.

(d)  Any and all enforcement authority granted to the Commission under this Article over any Certificate of Service Authority shall apply equally and without limitation to Certificates of Prepaid Calling Service Provider Authority.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

    (220 ILCS 5/13‑404.2)
    (Section scheduled to be repealed on July 1, 2007)
    Sec. 13‑404.2. Prepaid calling service standards.

  The Commission, by rule,  may establish and implement minimum service quality standards for prepaid calling service. The rules may include, but are not limited to, requiring access to a live customer service attendant through the customer service number, reporting requirements, fines, penalties, customer credits, remedies, and other enforcement mechanisms to ensure compliance with the service quality standards.

(Source: P.A. 93‑1002, eff. 1‑1‑05.)

(220 ILCS 5/13‑405)(from Ch. 111 2/3, par. 13‑405)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑405.

Local exchange service authority; approval.

The Commission
shall approve an application for a
Certificate of Exchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that the
applicant possesses sufficient technical, financial, and
managerial resources and abilities to provide local exchange
telecommunications service.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑405.1)(from Ch. 111 2/3, par. 13‑405.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑405.1.

Interexchange services; incidental local service.

Whether or not a telecommunications carrier is certified to offer
or provide local exchange telecommunications service, nothing in
Section 13‑405 shall be construed to require the withdrawal or
prevent the offering of interexchange services merely because
incidental use of such service by the customer for local exchange
telecommunications service is possible.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑406)(from Ch. 111 2/3, par. 13‑406)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑406.

No telecommunications carrier offering or providing
noncompetitive telecommunications service pursuant to a valid
Certificate of Service Authority or certificate of public convenience and
necessity shall discontinue or abandon such service once initiated until
and unless it shall demonstrate, and the Commission finds, after notice and
hearing, that such discontinuance or abandonment will not deprive customers
of any necessary or essential telecommunications service or access thereto
and is not otherwise contrary to the public interest.  No
telecommunications carrier offering or providing competitive
telecommunications service shall discontinue or abandon such service once
initiated except upon 30 days notice to the Commission and affected
customers.  The Commission may, upon its own motion or upon complaint,
investigate the proposed discontinuance or abandonment of a competitive
telecommunications service and may, after notice and hearing, prohibit such
proposed discontinuance or abandonment if the Commission finds that it
would be contrary to the public interest.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑407)(from Ch. 111 2/3, par. 13‑407)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑407.

Commission study and report.

The Commission shall monitor
and analyze patterns of
entry and exit and changes in patterns of entry
and exit for each relevant
market for telecommunications services, including emerging high speed
telecommunications markets, and shall include its findings
together with appropriate recommendations for legislative action in its
annual report to the General Assembly.

The Commission shall also monitor and analyze the status
of deployment of services to consumers, and any resulting "digital divisions"
between consumers, including any changes or trends therein.  The
Commission shall include its findings together with appropriate recommendations
for legislative action in its annual report to the General Assembly.  In
preparing this analysis the Commission shall evaluate information
provided by telecommunications carriers that pertains to the state of
competition in telecommunications markets including, but not limited to:

(1) the number and type of firms providing

telecommunications services, including broadband telecommunications services, within the State;

(2) the telecommunications services offered by these

firms to both retail and wholesale customers;

(3) the extent to which customers and other

providers are purchasing the firms' telecommunications services;

(4) the technologies or methods by which these firms

provide these services, including  descriptions of technologies in place and under development, and the degree to which firms rely on other wholesale providers to provide service to their own customers; and

(5) the tariffed retail and wholesale prices for

services provided by these firms.

The Commission shall at a minimum assess the variability in this
information according to geography, examining variability by exchange,
wirecenter, or zip code, and by
customer class, examining, at a minimum, the variability between residential
and small, medium, and large business customers.    The Commission shall
provide an analysis of market trends by collecting this information from firms
providing telecommunications services within the State. The Commission shall
also collect all information, in a format determined by the Commission, that
the Commission deems necessary to assist in monitoring and analyzing the
telecommunications markets and  the status of competition and deployment of
telecommunications services to consumers in the State.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑408)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑408.

Unbundled network element rates.

This Section applies to and
covers certain unbundled
network element rates that shall be charged by incumbent local exchange
carriers that are subject to regulation under an alternative regulation plan
under Section 13‑506.1 of this Act. The General Assembly
finds and determines that it should provide direction to the Illinois Commerce
Commission regarding the establishment of the monthly recurring rates that such
incumbent local exchange carriers shall charge other telecommunications
carriers for unbundled loops, whether provided on a standalone basis or in
combination with other unbundled network elements, in order to ensure (i) that
such rates are consistent with the requirements of the federal
Telecommunications Act of
1996, the regulations promulgated thereunder, and subsection (g) of Section
13‑801 of
this Act, and (ii) that such incumbent local exchange carriers are
able to recover the efficient, forward‑looking costs of creating, operating,
and
maintaining the network outside plant infrastructure capacity and switching and
transmission network capacity necessary to permit such incumbent local exchange
carriers to meet in a timely and adequate fashion the obligations imposed by
Section 8‑101 of this Act.

In order to ensure recurring unbundled network element rates for loops that
accomplish these objectives, the Illinois Commerce Commission shall set the
recurring rates affected incumbent local exchange carriers receive for
unbundled loops, whether provided on a standalone basis or in combination with
other unbundled network elements, in accordance with the requirements
delineated below.

(a) Fill factors. The General Assembly directs that the Illinois
Commerce Commission shall employ fill factors (the proportion of a facility or
element
that will be "filled" with network usage) that represent a reasonable
projection of actual
total usage of the elements in question, in accordance with applicable federal
law. The
General Assembly finds that existing actual total usage of the elements that
affected
incumbent local exchange carriers are required to provide to competing local
exchange
carriers, as reflected in the current actual fill factors for the elements in
question, is the
most reasonable projection of actual total usage. The Commission,
therefore, shall employ
current actual fill factors that reflect such existing actual total usage on a
going forward
basis in establishing cost based rates for such unbundled network elements. In
addition,
the Commission shall adjust all existing Commission‑approved rates for
unbundled
loops, whether provided on a standalone basis or in combination with other
unbundled
network elements, that are currently in effect to make such rates consistent
with this
provision.

(b) Depreciation rates. The General Assembly further directs that the
Commission shall employ depreciation rates that are forward‑looking and based
on
economic lives as reflected in the incumbent local exchange carrier's books of
accounts
as reported to the investment community under the regulations of the Securities
and
Exchange Commission. Use of an accelerated depreciation mechanism shall be
required
in all cases. Use of a depreciation rate based on historical rate‑of‑return
regulation
derived lives of the elements and facilities in question shall be prohibited.
In addition,
the Commission shall adjust all existing Commission‑approved rates for
unbundled
loops, whether provided on a standalone basis or in combination with other
unbundled
network elements, that are currently in effect to make such rates consistent
with this
provision.

(c) The rate adjustments required by subsections (a) and (b) of this Section
must
be
completed within 30 days of the effective date of this Section. In the
case of any
incumbent local exchange carrier that is subject to an alternative regulation
plan under Section 13‑506.1 at the time this Section becomes effective, in
making these
rate
adjustments, the Commission shall determine the specific required adjustments
with
respect to fill factors and depreciation lives by employing the models and
methodology
used to generate the proposed rates submitted by such an incumbent local
exchange
carrier in ICC Docket 02‑0864. The Commission proceedings initiated to
establish such
adjusted rates shall be deemed interconnection agreement arbitration and
approval
proceedings under Sections 252(b) and (e) of the federal
Telecommunications Act
of 1996. Immediately upon conclusion of such proceedings, all existing
interconnection
agreements in this State of affected incumbent local exchange carriers shall be
deemed
amended to contain the adjusted rates established in such proceedings. In
addition,
immediately upon conclusion of such proceedings, all wholesale tariffs,
currently
effective in this State, of affected incumbent local exchange carriers shall be
deemed
amended to contain the adjusted rates established in such proceedings. In
accordance
with these provisions, immediately upon the establishment by the Commission of
the
adjusted rates covered hereby, each affected incumbent local exchange
carrier
shall
charge such adjusted rates, to the extent applicable, for all of the network
element
products that are provided to other carriers, whether those products are
provided under an interconnection agreement or a tariff. The proceeding in ICC
Docket
02‑0864 is
hereby abated as of the effective date of this amendatory Act of the 93rd
General Assembly.

(d) Notwithstanding anything to the contrary contained in Section 13‑505.1
of this Act, unbundled network element rates established in accordance with the
provisions of this Section shall not require any increase in any retail rates
for any telecommunications service.

(Source: P.A. 93‑5, eff. 5‑9‑03.)

(220 ILCS 5/13‑409)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑409.

Application of Sec. 
		13‑408 unbundled network element rates.

(a) During the first 2 years following the effective date of
Section 13‑408,
for the first 35,000 voice grade equivalent access lines used by an individual
carrier to
provide local exchange service to end users, the monthly recurring rate for the
unbundled
network elements associated with those lines and leased from an incumbent local
exchange carrier to which Section 13‑408 applies shall be frozen at the levels
in
effect
immediately prior to the effective date of Section 13‑408.

(b) Thereafter, the monthly recurring rates for all unbundled network
elements
provided by any incumbent local exchange carrier to which Section 13‑408
applies
shall be
the rates established by the Commission in accordance with the provisions of
Section 13‑408.

(c) If, as of the effective date of Section 13‑408 and this Section, an
individual
telecommunications carrier uses unbundled network elements leased from a
specific
incumbent local exchange carrier to provide local exchange service over more
than
35,000 voice grade equivalent access lines, that carrier must designate the
35,000 voice
grade equivalent access lines to which the provisions of subsections (a) and
(b) of
this Section
apply. If subsequent to such designation, the individual carrier loses
the customer
served by a designated access line, and therefore no longer leases the
unbundled network
elements associated with that line, the individual carrier may not designate a
different
access line to substitute for the lost line. All unbundled network elements
leased to
provide service over undesignated voice grade equivalent access lines shall be
subject to
the full monthly recurring rates established by the Commission in accordance
with the
provisions of Section 13‑408.

(d) If, as of the effective date of this Section, an individual carrier uses
unbundled
network elements leased from a specific local exchange carrier to provide local
exchange
service over fewer than 35,000 voice grade equivalent access lines, that
carrier must
designate the access lines to which the provisions of subsections (a) and (b)
of this
Section
apply. If subsequent to such designation, the individual carrier loses the
customer
served by a designated access line, and therefore no longer leases the
unbundled network
elements associated with that line, the individual carrier may not designate a
different
access line to substitute for the lost line. Subject to these limitations,
subsequent to the
effective date of this Section, such a carrier may designate additional voice
grade
equivalent
access lines to which it wishes the provisions of subsections (a) and (b) of
this Section to apply,
until the total designated lines equal 35,000. If a subsequently designated
line is lost, the
carrier will not be permitted to designate a different line to substitute for
that lost line.
All unbundled network elements leased to provide service over undesignated
voice grade
equivalent access lines shall be subject to the full monthly recurring rates
established by
the Commission in accordance with the provisions of Section 13‑408.

(e) For purposes of this Section, in determining when an individual
telecommunications carrier has reached 35,000 voice grade equivalent access
lines, a
specific carrier, any affiliate of that carrier, any carrier serving as a sales
or marketing
agent for that carrier, and any carrier with whom that carrier has a
cooperative sales or
marketing arrangement all shall be treated as a single individual carrier.

(f) (Blank).

(Source: P.A. 93‑5, eff. 5‑09‑03; 93‑521, eff. 8‑9‑03.)

(220 ILCS 5/13‑501)(from Ch. 111 2/3, par. 13‑501)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑501.

Tariff; filing.

(a) No telecommunications carrier shall offer or provide
telecommunications service unless and until a tariff is filed with the
Commission which describes the nature of the service, applicable rates and
other charges, terms and conditions of service, and the exchange, exchanges
or other geographical area or  areas in which the service shall be offered
or provided.  The Commission may prescribe the form of such tariff and any
additional data or information which shall be included therein.

(b) After a  hearing, the Commission has the discretion to impose an
interim or permanent tariff on a telecommunications carrier as part
of the order in
the case.  When a tariff is imposed as part of the order in a case, the
tariff shall remain
in full force and effect until a compliance tariff, or superseding
tariff, is filed by the
telecommunications carrier and, after notice to the parties in the case and
after a
compliance hearing is held, is found by the Commission to be in compliance with
the
Commission's order.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑501.5)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑501.5.

Directory assistance service for the blind.

Within 180 days
after
the effective date of this amendatory Act of the 93rd General Assembly, a
telecommunications carrier that provides directory assistance service shall
provide in its
tariffs for that service that directory assistance shall be provided at no
charge to its
customers who are legally blind
for telephone numbers of customers located within
the same calling area, as described in the telecommunications carrier's
tariff.

(Source: P.A. 93‑82, eff. 7‑2‑03.)

(220 ILCS 5/13‑502)(from Ch. 111 2/3, par. 13‑502)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑502.

Classification of services.

(a) All telecommunications services offered or provided
under tariff by telecommunications carriers shall be classified as either
competitive or noncompetitive.  A  telecommunications carrier may offer or
provide either competitive or noncompetitive telecommunications services, or
both, subject to proper certification and other applicable provisions of
this Article.  Any tariff filed with the Commission as required by Section
13‑501 shall indicate whether the service to be offered or provided is
competitive or noncompetitive.

(b) A service shall be classified as competitive only if, and only to the
extent that, for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined geographical
area, such service, or its functional equivalent, or a substitute service,
is reasonably available from more than one provider, whether or not any
such provider is a telecommunications carrier subject to regulation under
this Act. All telecommunications services not properly classified as
competitive shall be classified as noncompetitive. The Commission shall
have the power to investigate the propriety of any classification of a
telecommunications service on its own motion and shall investigate upon
complaint.  In any hearing or investigation, the burden of proof as to the
proper classification of any service shall rest upon the telecommunications
carrier providing the service.  After notice and hearing, the Commission
shall order the proper
classification of any service in whole or in part.  The Commission shall
make its determination and issue its final order no later than 180 days
from the date such hearing or investigation is initiated. If the Commission
enters into a hearing upon complaint and if the Commission fails to issue
an order within that period, the complaint shall be deemed granted unless
the Commission, the complainant, and the telecommunications carrier
providing the service agree to extend the time period.

(c) In determining whether a service should be reclassified as
competitive, the Commission shall, at a minimum, consider the following
factors:

(1) the number, size, and geographic distribution of

other providers of the service;

(2) the availability of functionally equivalent

services in the relevant geographic area and the ability of  telecommunications carriers or other persons to make the same, equivalent, or substitutable service readily available in the relevant market at comparable rates, terms, and conditions;

(3) the existence of economic, technological, or any

other barriers to entry into, or exit from, the relevant market;

(4) the extent to which other telecommunications

companies must rely upon the service of another telecommunications carrier to provide telecommunications service; and

(5) any other factors that may affect competition

and the public interest that the Commission deems appropriate.

(d) No tariff classifying a new telecommunications service as
competitive or
reclassifying a previously noncompetitive telecommunications service as
competitive, which is filed by a telecommunications carrier which also
offers or provides noncompetitive telecommunications service, shall be
effective unless and until such telecommunications carrier offering or
providing, or seeking to offer or provide, such proposed competitive
service prepares and files a study of the long‑run service incremental cost
underlying such service and demonstrates that the tariffed rates and
charges for the service and any relevant group of services that includes
the proposed competitive service and for which resources are used in common
solely by that group of services are not less than the long‑run service
incremental cost of providing the service and each relevant group of services.
Such study shall be given proprietary treatment by the Commission at the
request of such carrier if any other provider of the competitive service,
its functional equivalent, or a substitute service in the geographical area
described by the proposed tariff has not filed, or has not been required to
file, such a study.

(e) In the event any telecommunications service has been
classified and
filed as competitive by the telecommunications carrier, and has been
offered or provided on such basis, and the Commission subsequently
determines after investigation that such classification improperly included
services which were in fact noncompetitive, the Commission shall have the
power to determine and order refunds to customers for any overcharges which
may have resulted from the improper classification, or to order such other
remedies provided to it under this Act, or to seek an appropriate remedy or
relief in a court of competent jurisdiction.

(f) If no hearing or investigation regarding the propriety of a
competitive
classification of a telecommunications service is initiated within 180 days
after a
telecommunications carrier files a tariff listing such telecommunications
service as competitive, no refunds to customers for any overcharges which may
result from an improper classification shall be ordered for the period from the
time the telecommunications carrier filed such tariff listing the service as
competitive up to the time an investigation of the service classification is
initiated by the Commission's own motion or the filing of a complaint.  Where a
hearing or an investigation regarding the propriety of a telecommunications
service classification as competitive is initiated after 180 days from the
filing of the tariff, the period subject to refund for improper classification
shall begin on the date such investigation or hearing is initiated by the
filing of a Commission motion or a complaint.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑502.5)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑502.5.

Services alleged to be improperly classified.

(a) Any action or proceeding pending before the Commission upon the
effective date of this amendatory Act of  the 92nd General Assembly in which it
is alleged that a telecommunications carrier has improperly classified services
as competitive, other than a case pertaining to Section 13‑506.1,
shall be abated and shall not be maintained or continued.

(b) All retail telecommunications services provided to business end users by
any telecommunications carrier subject, as of May 1, 2001, to alternative
regulation
under an alternative regulation plan pursuant to Section 13‑506.1 of this Act
shall be
classified as competitive as of the effective date of this amendatory Act of
the 92nd
General Assembly without further Commission review. Rates for retail
telecommunications services provided to business end users with 4 or fewer
access lines
shall not exceed the rates the carrier charged for those services on May 1,
2001. This
restriction upon the rates of retail telecommunications services provided to business end
users shall remain in force and effect through July 1, 2005; provided, however, that
nothing in this Section shall be construed to prohibit reduction of those rates. Rates for
retail telecommunications services provided to business end users with 5 or
more access
lines shall not be subject to the restrictions set forth in this subsection.

(c) All retail vertical services, as defined herein, that are provided by a
telecommunications carrier subject, as of May 1, 2001, to alternative
regulation under an
alternative regulation plan pursuant to Section 13‑506.1 of this Act shall be
classified as
competitive as of June 1, 2003 without further Commission review. Retail
vertical
services shall include, for purposes of this Section, services available on a
subscriber's
telephone line that the subscriber pays for on a periodic or per use basis, but
shall not
include caller identification and call waiting.

(d) Any action or proceeding before the Commission upon the effective date
of this amendatory Act of the 92nd General Assembly, in which it is alleged
that a telecommunications carrier has improperly classified services as
competitive, other than a case pertaining to Section 13‑506.1, shall be abated
and the services the classification of which is at issue
shall
be deemed
either competitive or noncompetitive as set forth in this Section. Any
telecommunications carrier subject to an action or proceeding in which it is
alleged that the telecommunications carrier has improperly classified services
as competitive shall be deemed liable to refund, and shall refund, the sum of
$90,000,000 to that class or those classes of its customers that were alleged
to have paid rates in excess of noncompetitive rates as the result of the
alleged improper classification. The telecommunications carrier shall make
the refund no later than 120 days after the effective date of this amendatory
Act of the 92nd General Assembly.

(e) Any telecommunications carrier subject to an action or proceeding in
which
it is alleged that the telecommunications carrier has improperly classified
services as competitive shall also pay the sum of $15,000,000 to the Digital
Divide Elimination Fund established pursuant to Section 5‑20 of the Eliminate
the Digital Divide Law, and shall further pay the sum of $15,000,000 to the
Digital Divide Elimination Infrastructure Fund established pursuant to Section
13‑301.3 of this Act. The telecommunications carrier shall make each of these
payments
in 3 installments of $5,000,000, payable on July 1 of 2002, 2003, and 2004.
The
telecommunications carrier shall have no further
accounting for these payments, which shall be used for the purposes established
in the Eliminate the Digital Divide Law.

(f) All other services shall be classified pursuant to Section 13‑502 of
this
Act.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑503)(from Ch. 111 2/3, par. 13‑503)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑503.

With respect to rates or other charges made, demanded or
received for any telecommunications service offered, provided or to be
provided, whether such service is competitive or noncompetitive,
telecommunications carriers shall comply with the publication and filing
provisions of Sections 9‑101, 9‑102, and 9‑103.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑504)(from Ch. 111 2/3, par. 13‑504)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑504.

Application of ratemaking provisions of Article IX.

(a) Except where the context clearly renders such provisions
inapplicable, the ratemaking provisions of Article IX of this Act relating
to public utilities are fully and equally applicable to the rates, charges,
tariffs and classifications for the offer or provision of noncompetitive
telecommunications services. However, the ratemaking provisions do not apply to
any proposed change in rates or charges, any proposed change in any
classification or tariff resulting in a change in rates or charges, or the
establishment of new services and rates therefor for
a noncompetitive local exchange telecommunications service offered or provided
by a local exchange telecommunications carrier with no more than 35,000
subscriber access lines. Proposed changes in rates, charges,
classifications, or tariffs meeting these criteria shall be permitted upon
the filing of the proposed tariff and 30 days notice to the Commission and
all potentially affected customers.  The proposed changes shall not be
subject to suspension. The Commission shall investigate whether any proposed
change is just and reasonable only if a telecommunications
carrier that is
a customer of the local exchange telecommunications carrier or 10% of the potentially affected access line subscribers of the
local exchange telecommunications carrier shall file a petition or
complaint requesting an investigation of the proposed
changes.  When the
telecommunications carrier or 10% of the
potentially
affected access line subscribers of a local exchange telecommunications
carrier file a complaint, the Commission shall, after notice and hearing,
have the power and duty to establish the rates, charges, classifications,
or tariffs it finds to be just and reasonable.

(b) Subsection (c) of Section 13‑502 and Sections 13‑505.1, 13‑505.4,
13‑505.6, and 13‑507 of this Article do not
apply to rates or charges or proposed changes in rates or charges for
applicable competitive or interexchange services when offered or provided
by a local exchange telecommunications carrier with no more than 35,000
subscriber access lines.  In addition, Sections 13‑514, 13‑515, and 13‑516 do
not apply to telecommunications carriers with no more than 35,000 subscriber
access
lines.  The Commission may require telecommunications
carriers with no more than 35,000 subscriber access lines to
furnish
information that the Commission deems necessary for a determination that
rates and charges for any competitive telecommunications service are
just and reasonable.

(c) For a local exchange telecommunications carrier with no more than
35,000 access lines, the Commission shall consider and adjust,
as
appropriate, a local exchange telecommunications carrier's depreciation
rates only in ratemaking proceedings.

(d) Article VI and Sections 7‑101 and 7‑102 of Article VII of this Act
pertaining to public utilities, public utility rates and services, and the
regulation thereof are not applicable to local exchange telecommunication
carriers with no more than 35,000 subscriber access lines.

(Source: P.A. 89‑139, eff. 1‑1‑96; 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑505)(from Ch. 111 2/3, par. 13‑505)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.

Rate changes; competitive services.

(a) Any proposed increase or decrease in rates or charges, or proposed
change in any
classification or tariff resulting in an increase or decrease in
rates or charges, for
a competitive telecommunications service shall be permitted upon the filing
of the proposed rate, charge, classification, or tariff.  Prior notice of an
increase shall be given to
all potentially affected customers by mail, publication in a newspaper of
general circulation, or equivalent means of notice.

(b) If a hearing is held pursuant to Section 9‑250 regarding the
reasonableness of an increase in the rates or charges of a competitive
local exchange service, then the telecommunications carrier providing the
service shall have the burden of proof to establish the justness and
reasonableness of the proposed rate or charge.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑505.1)(from Ch. 111 2/3, par. 13‑505.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.1.

Imputation.

(a) This Section applies only to a telecommunications carrier that
provides both competitive and noncompetitive services.  If a carrier
provides noncompetitive services or noncompetitive service elements to
other telecommunications carriers for the provision by the other carriers
of competitive services, switched interexchange services, or interexchange
private line services or to other persons with which the telecommunications
carrier also competes for the provision by those other persons of
information or enhanced telecommunications services, as defined by the
Federal Communications Commission, then the telecommunications carrier
shall satisfy an imputation test for each of its own competitive services,
switched interexchange services, or interexchange private line services,
that utilize the same or functionally equivalent noncompetitive services or
noncompetitive service elements.  The purpose of the imputation test is to
determine whether the aggregate revenue for each service exceeds the costs,
as defined in this Section, to be imputed for each service based on the
telecommunications carrier's own routing arrangements.  The portion of a
service consisting of residence untimed calls shall be excluded from the
imputation test.  The imputed costs of a service for purposes of this test
shall be defined as the sum of:

(1) specifically tariffed premium rates for the

noncompetitive services or noncompetitive service elements, or their functional equivalent, that are utilized to provide the service;

(2) the long‑run service incremental costs of

facilities and functionalities that are utilized but not specifically tariffed; and

(3) any other identifiable, long‑run service

incremental costs associated with the provision of the service.

(b) Notwithstanding the provisions of subsection (a), if a
telecommunications carrier permits other telecommunications carriers to
purchase interexchange private line services, except those provided under
contract or other form of agreement pursuant to the provisions of Section
13‑509, under the same tariffed rates, terms, and conditions as any other
customer, then such interexchange private line services provided by the
telecommunications carrier shall not be subject to the imputation test
required in this Section.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.2)(from Ch. 111 2/3, par. 13‑505.2)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.2.

Nondiscrimination in the provision of noncompetitive
services.  A telecommunications carrier that offers both noncompetitive and
competitive services shall offer the noncompetitive services under the same
rates, terms, and conditions without unreasonable discrimination to all
persons, including all telecommunications carriers and competitors.
A telecommunications carrier that offers a noncompetitive service together
with any optional feature or functionality shall offer the
noncompetitive service together with each optional feature or
functionality under the same rates, terms, and conditions without
unreasonable discrimination to all persons, including all
telecommunications carriers and competitors.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.3)(from Ch. 111 2/3, par. 13‑505.3)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.3.

Services for resale.

A telecommunications carrier that
offers both noncompetitive and competitive services shall offer all
noncompetitive services, together with each applicable optional feature or
functionality, subject to resale; however, the Commission may determine
under Article IX of this Act that certain noncompetitive services, together
with each applicable optional feature or functionality, that are offered to
residence customers under different rates, charges, terms, or conditions
than to other customers should not be subject to resale under the rates,
charges, terms, or conditions available only to residence customers.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.4)(from Ch. 111 2/3, par. 13‑505.4)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.4.

Provision of noncompetitive services.

(a) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or functionality on a
separate, stand‑alone basis to any customer shall provide that service,
service element, feature, or functionality pursuant to tariff to all
persons, including all telecommunications carriers and competitors, in
accordance  with the provisions of this Article.

(b) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or functionality to any
customer as part of an offering of competitive services pursuant to tariff
or contract shall publicly disclose the offering or provisioning of the
noncompetitive service, service element, feature, or functionality by
filing with the Commission information that generally describes the
offering or provisioning and that shows the rates, terms, and conditions of
the noncompetitive service, service element, feature, or functionality.
The information shall be filed with the Commission concurrently with the
filing of the tariff or not more than 10 days following the customer's
acceptance of the offering in a contract.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.5)(from Ch. 111 2/3, par. 13‑505.5)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.5.

Requests for new noncompetitive services.

Any party may
petition the Commission to request the provision of a noncompetitive
service not currently provided by a local exchange carrier within its
service territory.  The Commission shall grant the petition, provided that
it can be demonstrated that the provisioning of the requested service is
technically and economically practicable considering demand for the
service, and absent a finding that provision of the service is otherwise
contrary to the public interest.  The Commission shall render its decision
within 180 days after the filing of the petition unless extension of the
time period is agreed to by all the parties to the proceeding.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.6)(from Ch. 111 2/3, par. 13‑505.6)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.6.

Unbundling of noncompetitive services.

A
telecommunications carrier that provides both noncompetitive and
competitive telecommunications services shall provide all noncompetitive
telecommunications services on an unbundled basis to the same extent the
Federal Communications Commission requires that carrier to unbundle the
same services provided under its jurisdiction.  The Illinois Commerce
Commission may require additional unbundling of noncompetitive
telecommunications services over which it has jurisdiction based on a
determination, after notice and hearing, that additional unbundling is in
the public interest and is consistent with the policy goals and other
provisions of this Act.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑505.7)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑505.7.

Interactive video learning tariffs.

The Commission shall
permit telecommunications carriers to offer special interactive video learning
tariffs for the exclusive use of qualified educational institutions.  Except
for carriers subject to Section 13‑504, the rates in such tariffs shall not be
less than the long run service incremental costs of providing interactive video
learning services.  Qualified educational institutions shall be limited to
school districts; public or private not‑for‑profit schools enrolling more than
20 pupils for kindergarten grade or over up through grade 12; public or
private degree granting, not‑for‑profit colleges or universities; public
libraries organized under the Public Library District Act of 1991 or
the Illinois Local Library Act; and regional library systems organized under
the Illinois Library System Act.
Interactive
video learning consists of video, data, voice, and electronic information used
by a qualified educational institution for instruction, learning, and training.
These special telecommunications carrier interactive video learning tariffs
shall be exempt from the provisions of Sections 9‑241, 9‑250, 13‑502, 13‑505.1,
and 13‑505.2 of this Act.  Provided, however, telecommunications carriers may
also file such special tariffs pursuant to this Section and in accordance with
Section 13‑502.

(Source: P.A. 89‑141, eff. 7‑14‑95; 90‑279, eff. 7‑31‑97; 90‑655, eff.
7‑30‑98

.)

(220 ILCS 5/13‑505.8)

Sec. 13‑505.8.

(Repealed).

(Source: P.A. 90‑185, eff. 7‑23‑97.  Renumbered by P.A. 90‑655.  Repealed by
P.A. 90‑574, eff. 3‑20‑98.)

(220 ILCS 5/13‑506)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑506.

Tariffs for competitive telecommunications services.

(a) Telecommunications carriers may file proposed tariffs for any
competitive
telecommunications service which includes and specifically describes a range,
band, formula, or standard within which or by which a change in rates or
charges for such telecommunications service could be made without prior notice
or prior Commission approval, provided
that any and all rates or charges within the band or range, or
determinable by the operation of the formula or standard, are consistent with
the public interest and the purpose and policies of this Article and Act, and
are likely to remain so for the foreseeable future.  To the
extent any proposed
band or range encompasses rates or charges which are not consistent with the
public interest and the purposes and policies of this Article and Act or
otherwise fully proper, or any proposed formula or standard determines rates or
charges which are not consistent with the purposes and policies of this Article
and Act or otherwise fully proper, the Commission after notice and hearing
shall have the power to
modify the level, scope, or limits of such band or range, and to modify or
limit the operation of such formula or standard, as necessary, to ensure that
rates or charges resulting therefrom are consistent with the purposes and
policies of this Article and Act and fully proper, and likely to remain so in
the foreseeable future.

(b) The Commission may require a telecommunications carrier to file a
variable tariff as described in paragraph (a) for any or all competitive
telecommunications services which are offered or provided by such carrier, if
the Commission finds, after notice and hearing, that the determination of rates
or charges for such service by a tariff would improve the Commission's ability
to effectively regulate such rates or charges and that such improvement is
required by the public interest.  Any such tariff required by the Commission
shall be approved only if it is also consistent with the provisions of
paragraph (a) of this Section.

(c) After a tariff filed pursuant to this Section becomes effective, the
telecommunications carrier shall determine the rates and charges for services
according to the provisions thereof.

(Source: P.A. 90‑185, eff. 7‑23‑97; 90‑574, eff. 3‑20‑98; 90‑655, eff.
7‑30‑98

.)

(220 ILCS 5/13‑506.1)(from Ch. 111 2/3, par. 13‑506.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑506.1.

Alternative forms of regulation for noncompetitive services.

(a) Notwithstanding any of the ratemaking provisions of this Article or
Article IX that are deemed to require rate of return regulation, the
Commission may implement alternative forms of regulation in order to
establish just and reasonable rates for noncompetitive telecommunications
services including, but not limited to, price regulation, earnings sharing,
rate moratoria, or a network modernization plan.  The Commission is
authorized to adopt different forms of regulation to fit the particular
characteristics of different telecommunications carriers and their service
areas.

In addition to the public policy goals declared in Section 13‑103, the
Commission shall consider, in determining the appropriateness of any
alternative form of regulation, whether it will:

(1) reduce regulatory delay and costs over time;

(2) encourage innovation in services;

(3) promote efficiency;

(4) facilitate the broad dissemination of technical

improvements to all classes of ratepayers;

(5) enhance economic development of the State; and

(6) provide for fair, just, and reasonable rates.

(b) A telecommunications carrier providing noncompetitive
telecommunications services may petition the Commission to regulate the
rates or charges of its noncompetitive services under an alternative form
of regulation.  The telecommunications carrier shall submit with its
petition its plan for an alternative form of regulation.  The Commission
shall review and may modify or reject the carrier's proposed plan.  The
Commission also may initiate consideration of alternative
forms of regulation for a telecommunications carrier on its own motion.
The Commission may approve the plan or modified plan and authorize its
implementation only if it finds, after notice and hearing, that the plan or
modified plan at a minimum:

(1) is in the public interest;

(2) will produce fair, just, and reasonable rates

for telecommunications services;

(3) responds to changes in technology and the

structure of the telecommunications industry that are, in fact, occurring;

(4) constitutes a more appropriate form of

regulation based on the Commission's overall consideration of the policy goals set forth in Section 13‑103 and this Section;

(5) specifically identifies how ratepayers will

benefit from any efficiency gains, cost savings arising out of the regulatory change, and improvements in productivity due to technological change;

(6) will maintain the quality and availability of

telecommunications services; and

(7) will not unduly or unreasonably prejudice or

disadvantage any particular customer class, including telecommunications carriers.

(c) An alternative regulation plan approved under this Section shall
provide, as a condition for Commission approval of the plan, that for the
first 3 years the plan is in effect, basic residence service rates shall be
no higher than those rates in effect 180 days before the filing of the
plan.  This provision shall not be used as a justification or rationale for
an increase in basic service rates for any other customer class.  For
purposes of this Section, "basic residence service rates" shall mean
monthly recurring charges for the telecommunications carrier's lowest
priced primary residence network access lines, along
with any associated untimed or flat rate local usage charges.  Nothing in
this subsection (c) shall preclude the Commission from approving an
alternative regulation plan that results in rate reductions
provided all the requirements of subsection (b) are satisfied by the plan.

(d) Any alternative form of regulation granted for a multi‑year period
under this Section shall provide for annual or more frequent reporting to
the Commission to document that the requirements of the plan are being
properly implemented.

(e) Upon petition by the telecommunications carrier or any other person
or upon its own motion, the Commission may rescind its approval of an
alternative form of regulation if, after notice and hearing, it finds that
the conditions set forth in subsection (b) of this Section can no longer be
satisfied.  Any person may file a complaint alleging that the rates charged
by a telecommunications carrier under an alternative form of regulation are
unfair, unjust, unreasonable, unduly discriminatory, or are otherwise not
consistent with the requirements of this Article; provided, that the
complainant shall bear the burden of proving the allegations in the complaint.

(f) Nothing in this Section shall be construed to authorize the
Commission to render Sections 9‑241, 9‑250, and 13‑505.2 inapplicable to
noncompetitive services.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑507)(from Ch. 111 2/3, par. 13‑507)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑507.

In any proceeding permitting, approving, investigating, or
establishing rates, charges, classifications, or tariffs for
telecommunications services offered or provided by a telecommunications
carrier that offers or provides both noncompetitive and competitive
services, the Commission shall not allow any subsidy of competitive
services or nonregulated activities by noncompetitive services.  In the
event that facilities are utilized or expenses are incurred for the
provision of both competitive and noncompetitive services, the Commission
shall apportion the facilities and expenses between noncompetitive services
in the aggregate and competitive services in the aggregate and shall allow or
establish rates or charges for the noncompetitive services which reflect
only that portion of the facilities or expenses that it finds to be
properly and reasonably apportioned to noncompetitive services.  An
apportionment of facilities or expenses between competitive and
noncompetitive services, together with any corresponding rate changes,
shall be made in general rate proceedings and in other proceedings,
including service classification proceedings, that are necessary to ensure
against any subsidy of competitive services by noncompetitive services. The
Commission shall have the power to take or require such action as is
necessary to ensure that rates or charges for noncompetitive services
reflect only the value of facilities, or portion thereof, used and useful,
and the expenses or portion thereof reasonably and prudently incurred, for
the provision of the noncompetitive services. The Commission may, in such
event, also establish, by rule, any additional procedures, rules,
regulations, or mechanisms necessary to identify and properly account for
the value or amount of such facilities or expenses.

The Commission may establish, by rule, appropriate methods for ensuring
against cross‑subsidization between competitive services and noncompetitive
services as required under this Article, including appropriate methods for
calculating the long‑run service incremental costs of providing any
telecommunications service and, when appropriate, group of services and
methods for apportioning between noncompetitive services in the aggregate
and competitive services in the aggregate the value of facilities utilized
and expenses incurred to provide both competitive and noncompetitive
services, for example, common overheads that are not accounted for in the
long‑run service incremental costs of individual services or groups of
services. The Commission may order any telecommunications carrier to
conduct a long‑run service incremental cost study and to provide the
results thereof to the Commission. Any cost study provided to the
Commission pursuant to the provisions of this Section may, in the
Commission's discretion, be accorded proprietary treatment.  In addition to
the requirements of subsection (c) of Section 13‑502 and of Section
13‑505.1 applicable to the rates and charges for individual competitive
services, the aggregate gross revenues of all competitive services shall be
equal to or greater than the sum of the long‑run service incremental costs
for all competitive services as a group and the value of
other facilities and expenses apportioned to competitive services as a
group under this Section.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑508)(from Ch. 111 2/3, par. 13‑508)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑508.

The Commission is authorized, after notice and hearing, to
order a telecommunications carrier which offers or provides both
competitive and noncompetitive telecommunications service to establish a
fully separated subsidiary to provide all or part of such competitive
service where:

(a) no less costly means is available and effective in fully and
properly identifying and allocating costs between such carrier's competitive
and noncompetitive telecommunications services; and

(b) the incremental cost of establishing and maintaining such subsidiary
would not require increases in rates or charges to levels which would
effectively preclude the offer or provision of the affected competitive
telecommunications service.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑508.1)(from Ch. 111 2/3, par. 13‑508.1)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑508.1.

Separate subsidiary requirement for certain electronic
publishing.  A telecommunications carrier
that offers or provides both competitive and noncompetitive services shall
not provide (1) electronically published news, feature, or entertainment
material of the type generally published in newspapers, or (2) electronic
advertising services, except through a fully separated subsidiary;
provided, however, that a telecommunications carrier shall be allowed to
resell, without editing the content, news, feature, or entertainment
material of the type generally published in newspapers that it purchases
from an unaffiliated entity or from a separate subsidiary to the extent the
separate subsidiary makes that material available to all other persons
under the same rates, terms, and conditions.  Nothing in this Section shall
prohibit a telecommunications carrier from electronic advertising of its
own regulated services or from providing tariffed telecommunications
services to a separate subsidiary or an unaffiliated entity that provides
electronically published news, feature, or entertainment material or
electronic advertising services.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑509)(from Ch. 111 2/3, par. 13‑509)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑509.

Agreements for provisions of competitive telecommunications
services differing from tariffs. A telecommunications carrier may negotiate
with customers or
prospective customers to provide competitive telecommunications service, and in
so
doing, may offer or agree to provide such service on such terms and for
such rates or charges as are reasonable, without regard to any
tariffs
it may have filed with the Commission with respect to
such services. Within 30 days after executing any such agreement,
the telecommunications carrier shall submit to the Commission written
notice of a list of any such agreements (which list may be filed
electronically).  The notice shall identify the general nature
of all such agreements, the parties to each agreement, and a general
description of
differences between each agreement and the related tariff.  A copy of each such
agreement and any cost support required to be filed with the agreement by some
other Section of this Act shall be provided to the Commission
within 10 business days after a request for review of the agreement is made by
the Commission or is made to the Commission
by another telecommunications carrier.
Upon submitting notice to the Commission of any such agreement, the
telecommunications carrier shall thereafter provide service according to the
terms thereof, unless the Commission finds, after notice and hearing, that
the continued provision of service pursuant to such agreement
would substantially and adversely affect the financial integrity of the
telecommunications carrier or would violate any other
provision of this Act.

Any agreement or notice entered into or submitted pursuant to the
provisions of this Section may, in the Commission's discretion, be accorded
proprietary treatment.

(Source: P.A. 92‑22, eff. 6‑30‑01; 93‑245, eff. 7‑22‑03.)

(220 ILCS 5/13‑510)(from Ch. 111 2/3, par. 13‑510)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑510.

Compensation of payphone providers.

Any telecommunications
carrier using the facilities or services of a payphone
provider shall pay the provider just and reasonable compensation for the use
of those facilities or services to complete billable operator services
calls and for any other use that the Commission determines appropriate
consistent with the provisions of this Act.  The compensation shall be
determined by the Commission subject to the provisions of this Act.  This
Section shall not apply to the extent a telecommunications carrier and a
payphone provider have reached their own written compensation agreement.

(Source: P.A. 87‑856.)

(220 ILCS 5/13‑511)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑511.

Telecommunications Infrastructure Maintenance Fee Act; rate
adjustments.  With respect to any telecommunications retailer that is regulated
by the Illinois Commerce Commission, the Commission shall order such rate
adjustments as shall be necessary to assure that the implementation of the
Telecommunications Infrastructure Maintenance Fee Act, net of (1) the
termination of any fee, license fee, rent, or lease payment subject to the
Telecommunications Infrastructure Maintenance Fee Act, and (2) the repeal of
any invested capital tax subject to the Telecommunications Infrastructure
Maintenance Fee Act, shall have no significant impact on the net income of
each such telecommunications retailer.  Beginning with the effective date of
the Telecommunications Infrastructure Maintenance Fee Act, each such
telecommunications retailer shall maintain such records and accounts as will
enable the Commission to make such findings and determinations as are necessary
to such order.

(Source: P.A. 92‑526, eff. 1‑1‑03.)

(220 ILCS 5/13‑512)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑512.

Rules; review.

The Commission shall have general rulemaking
authority to make rules necessary to enforce this Article.  However, not later
than 270 days after the effective date of this amendatory Act of 1997, and
every 2 years thereafter, the Commission shall review all rules issued under
this Article that apply to the operations or activities of any
telecommunications carrier.  The Commission shall, after notice and hearing,
repeal or modify any rule it determines to be no longer in the public interest
as the result of the reasonable availability of competitive telecommunications
services.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑513)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑513.

Waiver of rules.

A telecommunications carrier may petition
for waiver of the application of a rule issued pursuant to this Act.  The
burden of proof in establishing the right to a waiver shall be upon the
petitioner.  The petition shall include a demonstration that the waiver would
not harm consumers and would not impede the development or operation of a
competitive market.  Upon such demonstration, the Commission may waive the
application of a rule, but not the application of a provision of this Act.  The
Commission may conduct an investigation of the petition on its own motion or at
the request of a potentially affected person.  If no investigation is
conducted, the waiver shall be deemed granted 30 days after the petition is
filed.

(Source: P.A. 90‑185, eff. 7‑23‑97.)

(220 ILCS 5/13‑514)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑514.

Prohibited Actions of Telecommunications Carriers.

A
telecommunications carrier shall not knowingly impede the
development of competition in any telecommunications service
market.  The following prohibited actions are considered per se impediments to
the
development of competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other actions which
impede competition to be prohibited:

(1) unreasonably refusing or delaying interconnections or collocation or
providing inferior
connections to another telecommunications carrier;

(2) unreasonably impairing the speed, quality, or efficiency of services
used
by another telecommunications carrier;

(3) unreasonably denying a request of another provider for
information regarding the technical design and features,
geographic coverage, information necessary for the design of equipment,  and
traffic capabilities of the local
exchange network except for proprietary information unless such information is
subject to a proprietary agreement or protective order;

(4) unreasonably delaying access in connecting another telecommunications
carrier to the local exchange network whose product or service requires novel
or specialized
access requirements;

(5) unreasonably refusing or delaying access by any person to another
telecommunications carrier;

(6) unreasonably acting or failing to act in a manner that has a substantial
adverse effect on the ability of another telecommunications
carrier to provide service to its customers;

(7) unreasonably failing to offer services to customers in a local exchange,
where a telecommunications carrier is certificated to provide
service and has entered into an interconnection agreement
for the provision of local exchange telecommunications
services, with the intent to delay or impede the ability of the
incumbent local exchange telecommunications carrier to
provide inter‑LATA telecommunications services;

(8) violating the terms of or unreasonably delaying implementation of an
interconnection agreement entered into pursuant to Section 252 of the federal
Telecommunications Act of 1996 in a manner that unreasonably delays,
increases the cost, or
impedes the availability of telecommunications services to
consumers;

(9) unreasonably refusing or delaying access to or provision of
operation support systems to another telecommunications carrier or providing
inferior operation support systems to another telecommunications carrier;

(10) unreasonably failing to offer network elements that the Commission or
the Federal Communications Commission has determined must be offered on an
unbundled basis to another telecommunications carrier in a manner consistent
with the Commission's or Federal Communications Commission's orders or rules
requiring such offerings;

(11) violating the obligations of Section 13‑801; and

(12) violating an order of the Commission regarding matters between
telecommunications
carriers.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑515)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑515.

Enforcement.

(a) The following expedited procedures shall be used
to enforce the provisions of Section 13‑514 of this
Act.  However, the
Commission, the complainant, and the respondent may mutually agree to adjust
the
procedures established in this Section.

(b) (Blank).

(c) No complaint may be filed under this Section until the
complainant has first notified the respondent of the alleged
violation and offered the respondent
48 hours to correct the situation.  Provision of notice and the
opportunity to correct the situation creates a rebuttable presumption of
knowledge under Section 13‑514.
After the filing of a complaint under this Section, the parties may agree to
follow the mediation process under Section 10‑101.1 of this Act.  The time
periods specified in subdivision (d)(7) of this Section shall be tolled
during the time
spent in mediation under Section 10‑101.1.

(d) A telecommunications carrier may file a complaint with the
Commission alleging a violation of Section 13‑514 in
accordance with this subsection:

(1) The complaint shall be filed with the Chief

Clerk of the Commission and shall be served in hand upon the respondent, the executive director, and the general counsel of the Commission at the time of the filing.

(2) A complaint filed under this subsection shall

include a statement that the requirements of subsection (c) have been fulfilled and that the respondent did not correct the situation as requested.

(3) Reasonable discovery specific to the issue of

the complaint may commence upon filing of the complaint. Requests for discovery must be served in hand and responses to discovery must be provided in hand to the requester within 14 days after a request for discovery is made.

(4) An answer and any other responsive pleading to

the complaint shall be filed with the Commission and served in hand at the same time upon the complainant, the executive director, and the general counsel of the Commission within 7 days after the date on which the complaint is filed.

(5) If the answer or responsive pleading raises the

issue that the complaint violates subsection (i) of this Section, the complainant may file a reply to such allegation within 3 days after actual service of such answer or responsive pleading.  Within 4 days after the time for filing a reply has expired, the hearing officer or arbitrator shall either issue a written decision dismissing the complaint as frivolous in violation of subsection (i) of this Section including the reasons for such disposition or shall issue an order directing that the complaint shall proceed.

(6) A pre‑hearing conference shall be held within 14

days after the date on which the complaint is filed.

(7) The hearing shall commence within 30 days of the

date on which the complaint is filed.  The hearing may be conducted by a hearing examiner or by an arbitrator.  Parties and the Commission staff shall be entitled to present evidence and legal argument in oral or written form as deemed appropriate by the hearing examiner or arbitrator. The hearing examiner or arbitrator shall issue a written decision within 60 days after the date on which the complaint is filed.  The decision shall include reasons for the disposition of the complaint and, if a violation of Section 13‑514 is found, directions and a deadline for correction of the violation.

(8) Any party may file a petition requesting the

Commission to review the decision of the hearing examiner or arbitrator within 5 days of such decision.  Any party may file a response to a petition for review within 3 business days after actual service of the petition.  After the time for filing of the petition for review, but no later than 15 days after the decision of the hearing examiner or arbitrator, the Commission shall decide to adopt the decision of the hearing examiner or arbitrator or shall issue its own final order.

(e) If the alleged violation has a substantial adverse effect
on the ability of the complainant to provide service to
customers, the complainant may include in its complaint a
request for an order for emergency relief.  The
Commission, acting through its designated hearing
examiner or arbitrator, shall act upon such a request
within 2 business days of the filing of the complaint.  An order for
emergency relief may be granted, without an evidentiary
hearing, upon a verified factual showing that the party
seeking relief will likely succeed on the merits, that the
party will suffer irreparable harm in its ability to serve
customers if emergency relief is not granted, and that the
order is in the public interest.  An order for emergency
relief shall include a finding that the requirements of this
subsection have been fulfilled and shall specify the
directives that must be fulfilled by the respondent and
deadlines for meeting those directives.  The decision of
the hearing examiner or arbitrator to grant or deny
emergency relief shall be considered an order of the
Commission unless the Commission enters its own order within 2 calendar days of
the decision of the hearing examiner or arbitrator.  The order for emergency
relief may require
the responding party to act or refrain from acting so as to
protect the provision of competitive service offerings to
customers.  Any action required by an emergency relief
order must be technically feasible and economically reasonable and the
respondent
must be given a reasonable period of time to comply with
the order.

(f) The Commission is authorized to obtain outside resources
including, but not limited to, arbitrators and consultants for
the purposes of the hearings authorized by this Section.
Any arbitrator or consultant obtained by the Commission
shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited to, arbitrators
and consultants shall be borne by the parties.  The Commission shall review
the bill for reasonableness and assess the parties for reasonable costs
dividing the costs according to the resolution of the complaint brought under
this Section.  Such costs shall be paid by the parties directly to the
arbitrators, consultants, and other providers of outside resources within 60
days after receiving notice of the assessments from the Commission.  Interest
at the statutory rate shall accrue after expiration of the 60‑day period.  The
Commission, arbitrators, consultants, or other providers of outside
resources may apply to a court of competent jurisdiction for an order
requiring payment.

(g) The Commission shall assess the parties under this subsection for
all of the
Commission's costs of investigation and conduct of the
proceedings brought under this Section including, but not limited to, the
prorated salaries of staff, attorneys, hearing examiners, and support
personnel and including any travel and per diem, directly attributable to the
complaint brought pursuant to this Section, but excluding those costs provided
for in subsection (f), dividing the costs according to the resolution of
the complaint brought under this Section.  All
assessments made under this subsection shall be paid into the Public
Utility Fund within
60 days after receiving notice of the assessments from the
Commission.  Interest at the statutory rate shall accrue after
the expiration of the 60 day period.  The Commission is
authorized to apply to a court of competent jurisdiction for an
order requiring payment.

(h) If the Commission determines that there is an imminent
threat to competition or to the public interest, the
Commission may, notwithstanding any other provision of this Act, seek
temporary, preliminary, or permanent
injunctive relief from a court of competent jurisdiction either
prior to or after the hearing.

(i) A party shall not bring or defend a proceeding brought under
this Section or assert or controvert an issue in a proceeding brought under
this Section, unless
there is a non‑frivolous basis for doing so.  By presenting a
pleading, written motion, or other paper in complaint or
defense of the actions or inaction of a party under this
Section, a party is certifying to the Commission that to the
best of that party's knowledge, information, and belief,
formed after a reasonable inquiry of the subject matter of the
complaint or defense, that the complaint or defense is well
grounded in law and fact, and under the circumstances:

(1) it is not being presented to harass the other

party, cause unnecessary delay in the provision of competitive telecommunications services to consumers, or create needless increases in the cost of litigation; and

(2) the allegations and other factual contentions

have evidentiary support or, if specifically so identified, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery as defined herein.

(j) If, after notice and a reasonable opportunity to respond,
the Commission determines that subsection (i) has been
violated, the Commission shall impose appropriate
sanctions upon the party or parties that have violated
subsection (i) or are responsible for the violation.  The
sanctions shall be not more than $30,000, plus the
amount of expenses accrued by the Commission for
conducting the hearing.  Payment of sanctions imposed under this subsection
shall be made to the Common School Fund within 30 days of
imposition of such sanctions.

(k) An appeal of a Commission Order made pursuant to this
Section shall not effectuate a stay of the Order unless a court
of competent jurisdiction specifically finds that the party
seeking the stay will likely succeed on the merits, that the party
will suffer irreparable harm without the stay, and that the stay is
in the public interest.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑516)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑516.

Enforcement remedies for prohibited actions by
telecommunications
carriers.

(a) In addition to any other provision of this Act, all of the following
remedies
may be applied for violations of  Section 13‑514:

(1) A Commission order directing the violating

telecommunications carrier to cease and desist from violating the Act or a Commission order or rule.

(2) Notwithstanding any other provision of this Act,

for a second and any subsequent violation of Section 13‑514 committed by a telecommunications carrier after the effective date of this amendatory Act of the 92nd General Assembly, the Commission may impose penalties of up to $30,000 or 0.00825% of the telecommunications carrier's gross intrastate annual telecommunications revenue, whichever is greater, per violation unless the telecommunications carrier has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 per violation. The second and any subsequent violation of Section 13‑514 need not be of the same nature or provision of the Section for a penalty to be imposed. Matters resolved through voluntary mediation pursuant to Section 10‑101.1 shall not be considered as a violation of Section 13‑514 in computing eligibility for imposition of a penalty under this subdivision (a)(2). Each day of a continuing offense shall be treated as a separate violation for purposes of levying any penalty under this Section.  The period for which the penalty shall be levied shall commence on the day the telecommunications carrier first violated Section 13‑514 or on the day of the notice provided to the telecommunications carrier pursuant to subsection (c) of Section 13‑515, whichever is later, and shall continue until the telecommunications carrier is in compliance with the Commission order. In assessing a penalty under this subdivision (a)(2), the Commission may consider mitigating factors, including those specified in items (1) through (4) of subsection (a) of Section 13‑304.

(3) The Commission shall award damages, attorney's

fees, and costs to any telecommunications carrier that was subjected to a violation of Section 13‑514.

(b) The Commission may waive penalties imposed under subdivision (a)(2)
if it makes a written finding as to its reasons for waiving the
penalty.  Reasons for waiving a penalty shall
include, but not be
limited
to, technological infeasibility and acts of God.

(c) The Commission shall establish by rule procedures for the imposition of
remedies under subsection (a) that, at a minimum, provide for
notice, hearing and a written order relating to the imposition of remedies.

(d) Unless enforcement of an order entered by the Commission under Section
13‑515 otherwise directs or is stayed by the Commission or by an appellate
court reviewing the Commission's order, at any time after 30
days from the entry of the order, either the Commission, or the
telecommunications carrier found by the Commission to have been subjected to
a violation of Section 13‑514, or both, is authorized to petition a court of
competent jurisdiction for an order at law or in equity requiring enforcement
of the Commission order.  The court shall determine (1) whether the Commission
entered the order identified in the petition and (2) whether the violating
telecommunications carrier has complied with the Commission's order. A
certified copy of a Commission order shall be prima facie evidence that the
Commission entered the order so certified. Pending the court's resolution of
the petition, the court may award temporary or preliminary injunctive relief,
or such other equitable relief as may be necessary, to effectively implement
and
enforce the Commission's order in a timely manner.

If after a hearing the court finds that the Commission entered the order
identified in the petition and that the violating telecommunications carrier
has not complied with the Commission's order, the court shall enter judgment
requiring the violating telecommunications carrier to comply with the
Commission's order and order such relief at law or in equity as the court deems
necessary to effectively implement and enforce the Commission's order in a
timely manner. The court shall also award to the petitioner, or petitioners,
attorney's fees and costs, which shall be taxed and collected as part of the
costs of the case.

If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of damages, attorney's
fees, or costs ordered by the Commission, the court shall order the
violating telecommunications carrier to pay to the telecommunications carrier
or carriers awarded the damages, fees, or costs by the Commission
additional damages for the sake of example and by way of punishment for the
failure to timely comply with the order of the Commission, unless the court
finds a reasonable basis for the violating telecommunications carrier's failure
to make timely payment according to the Commission's order, in which instance
the court shall establish a new date for payment to be made.

(e) Payment of damages, attorney's fees, and costs imposed
under subsection (a) shall be made
within 30 days after issuance of the Commission order imposing the penalties,
damages, attorney's fees, or costs, unless otherwise directed by the Commission
or a reviewing court under an appeal taken pursuant to Article X.  Payment of
penalties imposed under subsection (a) shall be made
to the Common School Fund within 30 days of issuance of the Commission order
imposing the penalties.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑517)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑517.

Provision of advanced telecommunications services.

(a) Every Incumbent Local Exchange Carrier (telecommunications carrier that
offers or provides a noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than 80% of its
customers by January 1, 2005.

(b) The Commission is authorized to grant a full or partial waiver of the
requirements of this Section upon verified petition of any Incumbent Local
Exchange Carrier ("ILEC") which demonstrates that full compliance with the
requirements of this Section would be unduly economically burdensome or
technically infeasible or otherwise impractical in exchanges with low
population density.  Notice of any such petition must be given to all
potentially affected customers.  If no potentially affected customer requests
the opportunity for a hearing on the waiver petition, the Commission may, in
its discretion, allow the waiver request to take affect without hearing.  The
Commission shall grant such petition to the extent that, and for such duration
as, the Commission determines that such waiver:

(1) is necessary:

(A) to avoid a significant adverse economic

impact on users of telecommunications services generally;

(B) to avoid imposing a requirement that is

unduly economically burdensome;

(C) to avoid imposing a requirement that is

technically infeasible; or

(D) to avoid imposing a requirement that is

otherwise impractical to implement in exchanges with low population density; and

(2) is consistent with the public interest,

convenience, and necessity.

The Commission shall act upon any petition filed under this subsection within
180 days after receiving such petition.  The Commission may by rule establish
standards for granting any waiver of the requirements of this Section.  The
Commission may, upon complaint or on its own motion, hold a hearing to
reconsider its grant of a waiver in whole or in part.  In the event that the
Commission, following hearing, determines that the affected ILEC no longer
meets the requirements of item (2) of this subsection, the Commission shall
by order rescind such waiver, in whole or in part.  In the event and to the
degree the Commission rescinds such waiver, the Commission shall establish an
implementation schedule for compliance with the requirements of this Section.

(c) As used in this Section, "advanced telecommunications services" means
services capable of
supporting, in at least one direction, a speed in excess of 200 kilobits per
second (kbps) to the network demarcation point at the subscriber's premises.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑518)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑518.

Optional service packages.

(a) It is the intent of this Section to provide unlimited local service
packages at prices that will result in savings for the average consumer.
Each telecommunications carrier that provides
competitive and noncompetitive services, and that is subject to an alternative
regulation plan pursuant to Section 13‑506.1 of this Article, shall provide, in
addition to such other services as it offers, the following optional packages
of services for a fixed monthly rate, which, along with the terms and
conditions thereof, the Commission shall review, pursuant to Article IX of this
Act, to determine whether such rates, terms, and conditions are fair, just, and
reasonable.

(1) A budget package, which shall consist of

residential access service and unlimited local calls.

(2) A flat rate package, which shall consist of

residential access service, unlimited local calls, and  the customer's choice of 2 vertical services as defined in this Section.

(3) An enhanced flat rate package, which shall

consist of residential access service for 2 lines, unlimited local calls, the customer's choice of 2 vertical services as defined in this Section, and unlimited local toll service.

(b) Nothing in this Section or this Act shall be construed to prohibit any
telecommunications carrier subject to this Section from charging customers who
elect to take one of the groups of services offered pursuant to this Section,
any applicable surcharges, fees, and taxes.

(c) The term "vertical services", when used in this Section, includes,
but is not necessarily limited to, call waiting, call forwarding, 3‑way
calling, caller ID, call tracing, automatic callback, repeat dialing, and
voicemail.

(d) The service packages described in this Section shall be defined as
noncompetitive services.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑519)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑519.

Fire alarm; discontinuance of service.

When
a telecommunications
carrier initiates a discontinuance of service on a known emergency system or
fire alarm
system that is required by the local authority to be a dedicated phone line
circuit to the central dispatch of the fire department or fire protection
district or, if applicable, the police department, the telecommunications
carrier shall also transmit a copy of the
written notice of discontinuance to that local authority.

(Source: P.A. 93‑412, eff. 1‑1‑04.)

(220 ILCS 5/13‑601)(from Ch. 111 2/3, par. 13‑601)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑601.

Application of Article VII.

The provisions of Article VII
of this Act are applicable only to telecommunications carriers offering or
providing noncompetitive telecommunications service, and the Commission's
regulation thereof, except that (1) the approval of contracts and arrangements
with affiliated interests required by paragraph (3) of Section 7‑101 shall not
apply to such telecommunications carriers provided that, except as provided in
item (2), those contracts and arrangements shall be filed with the Commission
and (2) affiliated interest contracts or arrangements entered into by such
telecommunications carriers where the increased obligation thereunder does not
exceed the lesser of $5,000,000 or 5% of such carrier's prior annual revenue
from noncompetitive services are not required to be filed with the Commission.

(Source: P.A. 89‑440, eff. 12‑15‑95.)

(220 ILCS 5/13‑701)(from Ch. 111 2/3, par. 13‑701)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑701.

Notwithstanding any other provision of this Act to the
contrary, the Commission has no power to supervise or control any telephone
cooperative as respects assessment schedules or local service rates made or
charged by such a cooperative on a nondiscriminatory basis. In addition,
the Commission has no power to inquire into, or require the submission of,
the terms, conditions or agreements by or under which telephone
cooperatives are financed. A telephone cooperative shall file with the
Commission either a copy of the annual financial report required by the
Rural Electrification Administration, or the annual financial report
required of other public utilities.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑702)(from Ch. 111 2/3, par. 13‑702)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑702.

Every telecommunications carrier operating in this State
shall receive, transmit and deliver, without discrimination or delay, the
conversations, messages or other transmissions of every other
telecommunications carrier with which a joint rate has been established or
with whose line a physical connection may have been made.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑703)(from Ch. 111 2/3, par. 13‑703)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑703.

(a) The Commission shall design and implement a program
whereby each telecommunications carrier providing local exchange service
shall provide a telecommunications device capable of servicing the needs of
those persons with a hearing or speech disability together with a
single party line, at no charge additional to the basic exchange rate, to
any subscriber who is certified as having a hearing or speech disability by a
licensed physician, speech‑language pathologist, audiologist or a qualified
State agency and to any subscriber which is an organization serving the needs
of those persons with a hearing or speech disability as determined and
specified by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program, whereby each
telecommunications carrier providing local exchange service shall provide a
telecommunications relay system, using third party intervention to connect
those persons having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone system, making
available reasonable access to all phases of public telephone service to
persons who have a hearing or speech disability.  In order to design a
telecommunications relay system which will meet the requirements of those
persons with a hearing or speech disability available at a reasonable cost, the
Commission shall initiate an investigation and conduct public hearings to
determine the most cost‑effective method of providing telecommunications relay
service to those persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice, counsel, and
physical assistance of Statewide nonprofit consumer organizations that serve
persons with hearing or speech disabilities in such hearings and during the
development and implementation of the system.  The Commission shall phase
in this program, on a geographical basis, as soon as is practicable, but
no later than June 30, 1990.

(c) The Commission shall establish a rate recovery mechanism,
authorizing charges in an amount to be determined by the Commission
for each line of a subscriber to allow telecommunications carriers
providing local exchange service to recover costs as they are incurred
under this Section.

(d) The Commission shall determine and specify those organizations serving
the needs of those persons having a hearing or speech disability that shall
receive a telecommunications device and in which offices the equipment shall be
installed in the case of an organization having more than one office.  For the
purposes of this Section, "organizations serving the needs of those persons
with hearing or speech disabilities" means centers for independent living as
described in Section 12a of the Disabled Persons Rehabilitation Act and
not‑for‑profit organizations whose primary purpose is serving the needs of
those persons with hearing or speech disabilities.  The Commission shall direct
the telecommunications carriers subject to its jurisdiction and this
Section to comply with its determinations and specifications in this regard.

(e) As used in this Section, the phrase "telecommunications carrier
providing local exchange service" includes, without otherwise limiting the
meaning of the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying the operating
expenses by assessment upon the members of such a company and no other
person.

(Source: P.A. 88‑497.)

(220 ILCS 5/13‑704)(from Ch. 111 2/3, par. 13‑704)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑704.

Each page of a billing statement which sets forth charges
assessed against a customer by a telecommunications carrier for
telecommunications service shall reflect the telephone number or customer
account number to which the charges are being billed.  The billing statement
shall also contain a separate bill identifying the amount charged as an
infrastructure maintenance fee.

(Source: P.A. 90‑154, eff. 1‑1‑98.)

(220 ILCS 5/13‑705)(from Ch. 111 2/3, par. 13‑705)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑705.

Every telephone directory distributed after July 1, 1990
to the general public in this State which lists the calling numbers of
telephones, of any telephone exchange located in this State, shall also
contain a listing, at no additional charge, of any special calling number
assigned to any telecommunication device for the deaf in use within the
geographic area of coverage for the directory, unless the telephone company
is notified by the telecommunication device subscriber that the subscriber
does not wish the TDD number to be listed in the directory.  Such listing
shall include, but is not limited to, residential, commercial and
governmental numbers with telecommunication device access and shall include
a designation if the device is for print or display communication only or
if it also accommodates voice transmission. In addition to the
aforementioned requirements each telephone directory so distributed
shall also contain a listing of any city and county emergency services and
any police telecommunication device for the deaf calling numbers in the
coverage area within this State which is included in the directory as well
as the listing of the Illinois State Police emergency telecommunication
device for the deaf calling number in Springfield.  This emergency numbers
listing shall be preceded by the words "Emergency Assistance for Deaf
Persons" which shall be as legible and printed in the same size as all
other emergency subheadings on the page; provided, that the provisions of
this Section do not apply to those directories distributed solely for
business advertising purposes, commonly known as classified directories.

(Source: P.A. 85‑1404.)

(220 ILCS 5/13‑706)(from Ch. 111 2/3, par. 13‑706)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑706.

Except as provided in Section 13‑707 of this Act, all essential
telephones, all coin‑operated phones and all emergency telephones sold,
rented or distributed by any other means in this State after July 1, 1990
shall be hearing‑aid compatible.  The provisions of this Section shall not
apply to any telephone that is manufactured before July 1, 1989.

(Source: P.A. 85‑1440.)

(220 ILCS 5/13‑707)(from Ch. 111 2/3, par. 13‑707)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑707.

The following telephones shall be exempt from the
requirements of Section 13‑706 of this Act: telephones used with public
mobile services; telephones used with private radio services; and cordless
telephones.  The exemption provided in this Section shall not apply with
respect to cordless telephones manufactured or imported more than 3 years
after September 19, 1988.  The Commission shall periodically
assess the appropriateness of continuing in effect the exemptions provided
herein for public mobile service and private radio service telephones and
report their findings to the General Assembly.

(Source: P.A. 85‑1440.)

(220 ILCS 5/13‑708)

Sec. 13‑708.

(Repealed).

(Source: Repealed by P.A. 88‑604, eff. 9‑1‑94.)

(220 ILCS 5/13‑709)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑709.

Orders of correction.

(a) A telecommunications carrier shall
comply with orders of correction issued by the Department of Public Health
under Section 5 of the Illinois Plumbing License Law.

(b) Upon receiving notification from the Department of Public Health that a
telecommunications carrier has failed to comply with an order of correction,
the Illinois Commerce Commission shall enforce the order.

(c) The good faith compliance by a
telecommunications carrier with
an order of the Department of Public Health or Illinois Commerce Commission to
terminate service
pursuant to
Section 5 of the Illinois Plumbing License Law
shall constitute a complete defense to any civil
action brought
against the telecommunications carrier arising from the termination of
service.

(Source: P.A. 91‑184, eff. 1‑1‑00.)

(220 ILCS 5/13‑712)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑712.

Basic local exchange service quality; customer credits.

(a) It is the intent of the General Assembly that every telecommunications
carrier meet
minimum service quality standards in providing basic local exchange service on
a non‑discriminatory basis to all classes of customers.

(b) Definitions:

(1) "Alternative telephone service" means, except

where technically impracticable, a wireless telephone capable of making local calls, and may also include, but is not limited to, call forwarding, voice mail, or paging services.

(2) "Basic local exchange service" means residential

and business lines used for local exchange telecommunications service as defined in Section 13‑204 of this Act, excluding:

(A) services that employ advanced

telecommunications capability as defined in Section 706(c)(1) of the federal Telecommunications Act of 1996;

(B) vertical services;

(C) company official lines; and

(D) records work only.

(3) "Link Up" refers to the Link Up Assistance

program defined and established at 47 C.F.R. Section 54.411 et seq. as amended.

(c) The Commission shall promulgate service quality rules
for basic local exchange service, which may include fines, penalties, customer
credits, and other enforcement mechanisms.  In developing such service quality
rules, the Commission shall consider, at a minimum, the carrier's gross annual
intrastate revenue; the frequency, duration, and recurrence of the violation;
and the relative harm caused to the affected customer or other users of the
network.  In imposing fines, the Commission shall take into account
compensation or credits paid by the telecommunications carrier to its customers
pursuant to this Section in compensation for the violation found pursuant to
this Section.  These rules shall become effective within one year after the
effective date of this amendatory Act of the 92nd General Assembly.

(d) The rules shall, at a minimum, require each telecommunications carrier
to do all of the following:

(1) Install basic local exchange service within 5

business days after receipt of an order from the customer unless the customer requests an installation date that is beyond 5 business days after placing the order for basic service and to inform the customer of its duty to install service within this timeframe.  If installation of service is requested on or by a date more than 5 business days in the future, the telecommunications carrier shall install service by the date requested.  A telecommunications carrier offering basic local exchange service utilizing the network or network elements of another carrier shall install new lines for basic local exchange service within 3 business days after provisioning of the line or lines by the carrier whose network or network elements are being utilized is complete.  This subdivision (d)(1) does not apply to the migration of a customer between telecommunications carriers, so long as the customer maintains dial tone.

(2) Restore basic local exchange service for a

customer within 24 hours of receiving notice that a customer is out of service.  This provision applies to service disruptions that occur when a customer switches existing basic local exchange service from one carrier to another.

(3) Keep all repair and installation appointments

for basic local exchange service, when a customer premises visit requires a customer to be present.

(4) Inform a customer when a repair or installation

appointment requires the customer to be present.

(e) The rules shall include provisions for customers to be
credited by the
telecommunications carrier for violations of basic local exchange service
quality
standards as described in subsection (d).
The credits shall be applied on the statement issued to the
customer for the next monthly billing cycle following the violation or
following the discovery of the violation.
The performance levels established in subsection (c) are solely for the
purposes
of consumer credits and shall not be used as performance levels for the
purposes of
assessing penalties under Section 13‑305.
At a minimum, the rules shall
include the following:

(1) If a carrier fails to repair an out‑of‑service

condition for basic local exchange service within 24 hours, the carrier shall provide a credit to the customer. If the service disruption is for 48 hours or less, the credit must be equal to a pro‑rata portion of the monthly recurring charges for all local services disrupted.  If the service disruption is for more than 48 hours, but not more than 72 hours, the credit must be equal to at least 33% of one month's recurring charges for all local services disrupted.  If the service disruption is for more than 72 hours, but not more than 96 hours, the credit must be equal to at least 67% of one month's recurring charges for all local services disrupted.  If the service disruption is for more than 96 hours, but not more than 120 hours, the credit must be equal to one month's recurring charges for all local services disrupted.  For each day or portion thereof that the service disruption continues beyond the initial 120‑hour period, the carrier shall also provide either alternative telephone service or an additional credit of $20 per day, at the customers option.

(2) If a carrier fails to install basic local

exchange service as required under subdivision (d)(1), the carrier shall waive 50% of any installation charges, or in the absence of an installation charge or where installation is pursuant to the Link Up program, the carrier shall provide a credit of $25.  If a carrier fails to install service within 10 business days after the service application is placed, or fails to install service within 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall waive 100% of the installation charge, or in the absence of an installation charge or where installation is provided pursuant to the Link Up program, the carrier shall provide a credit of $50.  For each day that the failure to install service continues beyond the initial 10 business days, or beyond 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall also provide either alternative telephone service or an additional credit of $20 per day, at the customer's option until service is installed.

(3) If a carrier fails to keep a scheduled repair or

installation appointment when a customer premises visit requires a customer to be present, the carrier shall credit the customer $50 per missed appointment. A credit required by this subsection does not apply when the carrier provides the customer with 24‑hour notice of its inability to keep the appointment.

(4) If the violation of a basic local exchange

service quality standard is caused by a carrier other than the carrier providing retail service to the customer, the carrier providing retail service to the customer shall credit the customer as provided in this Section. The carrier causing the violation shall reimburse the carrier providing retail service the amount credited the customer. When applicable, an interconnection agreement shall govern compensation between the carrier causing the violation, in whole or in part, and the retail carrier providing the credit to the customer.

(5) When alternative telephone service is

appropriate, the customer may select one of the alternative telephone services offered by the carrier.  The alternative telephone service shall be provided at no cost to the customer for the provision of local service.

(6) Credits required by this subsection do not apply

if the violation of a service quality standard:

(i) occurs as a result of a negligent or willful

act on the part of the customer;

(ii) occurs as a result of a malfunction of

customer‑owned telephone equipment or inside wiring;

(iii) occurs as a result of, or is extended by,

an emergency situation as defined in Commission rules;

(iv) is extended by the carrier's inability to

gain access to the customer's premises due to the customer missing an appointment, provided that the violation is not further extended by the carrier;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that the violation is not further extended by the carrier;

(vi) occurs as a result of a carrier's right to

refuse service to a customer as provided in Commission rules; or

(vii) occurs as a result of a lack of facilities

where a customer requests service at a geographically remote location, a customer requests service in a geographic area where the carrier is not currently offering service, or there are insufficient facilities to meet the customer's request for service, subject to a carrier's obligation for reasonable facilities planning.

(7) The provisions of this subsection are cumulative

and shall not in any way diminish or replace other civil or administrative remedies available to a customer or a class of customers.

(f) The rules shall require each telecommunications carrier to provide to
the Commission, on
a quarterly basis and in a form suitable for posting on the Commission's
website, a public
report that includes performance data for basic local exchange service quality
of service.
The performance data shall be disaggregated for each geographic area and each
customer class of the
State for
which the telecommunications carrier internally monitored performance data as
of a date
120 days preceding the effective date of this amendatory Act of the 92nd
General Assembly. The report shall
include, at
a minimum, performance data on basic local exchange service installations,
lines out of
service for more than 24 hours, carrier response to customer calls, trouble
reports, and
missed repair and installation commitments.

(g) The Commission shall establish and implement carrier to carrier
wholesale service
quality rules and establish remedies to ensure enforcement of the rules.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑713)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑713.

Consumer complaint resolution process.

(a) It is the intent of the General Assembly
that consumer complaints against
telecommunications carriers shall be concluded as expeditiously as possible
consistent with the rights of the parties thereto to the due process of law
and protection of the public interest.

(b) The Commission shall promulgate rules that permit parties
to resolve disputes through mediation.  A consumer may request mediation upon
completion of the Commission's informal complaint process and prior to the
initiation of a formal complaint as described in Commission rules.

(c) A residential consumer or business
consumer with fewer than 20 lines shall have the right to request mediation for
resolution of a dispute with a telecommunications carrier.  The carrier shall
be required to participate in mediation at the consumer's request.

(d) The Commission may retain the services of an independent neutral
mediator or trained Commission staff to facilitate resolution of the consumer
dispute.  The mediation process must be completed no later than 45 days after
the consumer requests mediation.

(e) If the parties reach agreement, the agreement shall be reduced to
writing at the conclusion of the mediation.  The writing shall contain mutual
conditions, payment arrangements, or other terms that resolve the dispute in
its
entirety.  If the parties are unable to reach agreement or after 45 days,
whichever occurs first, the consumer may file a formal complaint with the
Commission as described in Commission rules.

(f) If either the consumer or the carrier fails to abide by the terms of the
settlement agreement, either party may exercise any rights it may have as
specified in the terms of the agreement or as provided in Commission rules.

(g) All notes, writings and settlement discussions related to the mediation
shall be exempt from discovery and shall be inadmissible in any agency or court
proceeding.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑801)(from Ch. 111 2/3, par. 13‑801)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑801.

Incumbent local exchange carrier obligations.

(a) This Section provides
additional State requirements contemplated by, but not inconsistent with,
Section
261(c) of the federal Telecommunications Act of 1996, and not preempted by
orders of the Federal Communications Commission.
A telecommunications carrier not subject to regulation under an alternative
regulation plan pursuant to Section 13‑506.1
of this Act shall not be subject to the provisions of this Section, to the
extent that this Section imposes requirements or obligations upon the
telecommunications carrier that exceed or are more stringent than those
obligations imposed by Section 251 of the federal Telecommunications Act of
1996 and regulations promulgated thereunder.

An incumbent local exchange carrier shall provide a requesting
telecommunications carrier with interconnection, collocation, network elements,
and
access to operations support systems on just, reasonable, and nondiscriminatory
rates,
terms, and
conditions to enable the provision of any and all existing and new
telecommunications
services within the LATA, including, but not limited to, local exchange and
exchange
access.  The Commission shall require the incumbent local exchange carrier to
provide
interconnection, collocation, and network elements in any manner technically
feasible to
the fullest extent possible to implement the maximum development of competitive
telecommunications services offerings. As used in this Section, to the extent
that
interconnection, collocation, or network elements have been deployed for or by
the
incumbent local exchange carrier or one of its wireline local exchange
affiliates in any
jurisdiction, it shall be presumed that such is technically feasible in
Illinois.

(b) Interconnection.

(1) An incumbent local exchange carrier shall

provide for the facilities and equipment of any requesting telecommunications carrier's interconnection with the incumbent local exchange carrier's network on just, reasonable, and nondiscriminatory rates, terms, and conditions:

(A) for the transmission and routing of local

exchange, and exchange access telecommunications services;

(B) at any technically feasible point within the

incumbent local exchange carrier's network; however, the incumbent local exchange carrier may not require the requesting carrier to interconnect at more than one technically feasible point within a LATA; and

(C) that is at least equal in quality and

functionality to that provided by the incumbent local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the incumbent local exchange carrier provides interconnection.

(2) An incumbent local exchange carrier shall make

available to any requesting telecommunications carrier, to the extent technically feasible, those services, facilities, or interconnection agreements or arrangements that the incumbent local exchange carrier or any of its incumbent local exchange subsidiaries or affiliates offers in another state under the terms and conditions, but not the stated rates, negotiated pursuant to Section 252 of the federal Telecommunications Act of 1996.  Rates shall be established in accordance with the requirements of subsection (g) of this Section.  An incumbent local exchange carrier shall also make available to any requesting telecommunications carrier, to the extent technically feasible, and subject to the unbundling provisions of Section 251(d)(2) of the federal Telecommunications Act of 1996, those unbundled network element or interconnection agreements or arrangements that a local exchange carrier affiliate of the incumbent local exchange carrier obtains in another state from the incumbent local exchange carrier in that state, under the terms and conditions, but not the stated rates, obtained through negotiation, or through an arbitration initiated by the affiliate, pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section.

(c) Collocation. An incumbent local exchange carrier shall provide for
physical
or virtual collocation of any type of equipment for interconnection or access
to network
elements at the premises of the incumbent local exchange carrier on just,
reasonable, and
nondiscriminatory rates, terms, and conditions. The equipment shall include,
but is not
limited to, optical transmission equipment, multiplexers, remote switching
modules, and
cross‑connects between the facilities or equipment of other collocated
carriers.  The
equipment shall also include microwave transmission facilities on the exterior
and interior of
the incumbent local exchange carrier's premises used for interconnection to, or
for
access to network elements of, the incumbent local exchange carrier or a
collocated
carrier, unless the incumbent local exchange carrier demonstrates to the
Commission that
it is not practical due to technical reasons or space limitations.  An
incumbent local
exchange carrier shall allow, and provide for, the most reasonably direct and
efficient
cross‑connects, that are consistent with safety and network reliability
standards, between
the facilities of collocated carriers.  An incumbent local exchange carrier
shall also allow,
and provide for, cross connects between a noncollocated telecommunications
carrier's
network elements platform, or a noncollocated telecommunications carrier's
transport
facilities, and the facilities of any collocated carrier, consistent with
safety and network
reliability standards.

(d) Network elements.  The incumbent local exchange carrier shall provide to
any
requesting telecommunications carrier, for the provision of an existing or a
new
telecommunications service, nondiscriminatory access to network elements on any
unbundled or bundled basis, as requested, at any technically feasible point on just,
reasonable, and nondiscriminatory rates, terms, and conditions.

(1) An incumbent local exchange carrier shall

provide unbundled network elements in a manner that allows requesting telecommunications carriers to combine those network elements to provide a telecommunications service.

(2) An incumbent local exchange carrier shall not

separate network elements that are currently combined, except at the explicit direction of the requesting carrier.

(3) Upon request, an incumbent local exchange

carrier shall combine any sequence of unbundled network elements that it ordinarily combines for itself, including but not limited to, unbundled network elements identified in The Draft of the Proposed Ameritech Illinois 271 Amendment (I2A) found in Schedule SJA‑4 attached to Exhibit 3.1 filed by Illinois Bell Telephone Company on or about March 28, 2001 with the Illinois Commerce Commission under Illinois Commerce Commission Docket Number 00‑0700.  The Commission shall determine those network elements the incumbent local exchange carrier ordinarily combines for itself if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.

The incumbent local exchange carrier shall be

entitled to recover from the requesting telecommunications carrier any just and reasonable special construction costs incurred in combining such unbundled network elements (i) if such costs are not already included in the established price of providing the network elements, (ii) if the incumbent local exchange carrier charges such costs to its retail telecommunications end users, and (iii) if fully disclosed in advance to the requesting telecommunications carrier.  The Commission shall determine whether the incumbent local exchange carrier is entitled to any special construction costs if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.

(4) A telecommunications carrier may use a network

elements platform consisting solely of combined network elements of the incumbent local exchange carrier to provide end to end telecommunications service for the provision of existing and new local exchange, interexchange that includes local, local toll, and intraLATA toll, and exchange access telecommunications services within the LATA to its end users or payphone service providers without the requesting telecommunications carrier's provision or use of any other facilities or functionalities.

(5) The Commission shall establish maximum time

periods for the incumbent local exchange carrier's provision of  network elements.  The maximum time period shall be no longer than the time period for the incumbent local exchange carrier's provision of comparable retail telecommunications services utilizing those network elements. The Commission may establish a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier if a requesting  telecommunications carrier establishes that it shall perform other functions or activities after receipt of the particular network element to provide telecommunications services to end users.  The burden of proof for establishing a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier shall be on the requesting telecommunications carrier. Notwithstanding any other provision of this Article, unless and until the Commission establishes by rule or order a different specific maximum time interval, the maximum time intervals shall not exceed 5 business days for the provision of unbundled loops, both digital and analog, 10 business days for the conditioning of unbundled loops or for existing combinations of network elements for an end user that has existing local exchange telecommunications service, and one business day for the provision of the high frequency portion of the loop (line‑sharing) for at least 95% of the requests of each requesting telecommunications carrier for each month.

In measuring the incumbent local exchange carrier's

actual performance, the Commission shall ensure that occurrences beyond the control of the incumbent local exchange carrier that adversely affect the incumbent local exchange carrier's performance are excluded when determining actual performance levels.  Such occurrences shall be determined by the Commission, but at a minimum must include work stoppage or other labor actions and acts of war.  Exclusions shall also be made for performance that is governed by agreements approved by the Commission and containing timeframes for the same or similar measures or for when a requesting telecommunications carrier requests a longer time interval.

(6) When a telecommunications carrier requests a

network elements platform referred to in subdivision (d)(4) of this Section, without the need for field work outside of the central office, for an end user that has existing local exchange telecommunications service provided by an incumbent local exchange carrier, or by another telecommunications carrier through the incumbent local exchange carrier's network elements platform, unless otherwise agreed by the telecommunications carriers, the incumbent local exchange carrier shall provide the requesting telecommunications carrier with the requested network elements platform within 3 business days for at least 95% of the requests for each requesting telecommunications carrier for each month.  A requesting telecommunications carrier may order the network elements platform as is for an end user that has such existing local exchange service without changing any of the features previously selected by the end user.  The incumbent local exchange carrier shall provide the requested network elements platform without any disruption to the end user's services.

Absent a contrary agreement between the

telecommunications carriers entered into after the effective date of this amendatory Act of the 92nd General Assembly, as of 12:01 a.m. on the third business day after placing the order for a network elements platform, the requesting telecommunications carrier shall be the presubscribed primary local exchange carrier for that end user line and shall be entitled to receive, or to direct the disposition of, all revenues for all services utilizing the network elements in the platform, unless it is established that the end user of the existing local exchange service did not authorize the requesting telecommunications carrier to make the request.

(e) Operations support systems.  The Commission shall establish minimum
standards
with just, reasonable, and nondiscriminatory rates, terms, and conditions for
the
preordering, ordering, provisioning, maintenance and repair, and billing
functions of the
incumbent local exchange carrier's operations support systems provided to other
telecommunications carriers.

(f) Resale.  An incumbent local exchange carrier shall offer all retail
telecommunications services, that the incumbent local exchange carrier provides
at retail
to subscribers who are not telecommunications carriers, within the LATA,
together with
each applicable optional feature or functionality, subject to resale at
wholesale rates
without imposing any unreasonable or discriminatory conditions or limitations.
Wholesale rates shall be based on the retail rates charged to end users for the
telecommunications service requested, excluding the portion thereof
attributable to any
marketing, billing, collection, and other costs avoided by the local exchange
carrier.
The Commission may determine under Article IX of this Act that certain
noncompetitive services, together with each applicable optional feature or
functionality, that are offered to residence customers under different rates,
charges, terms, or conditions than to other customers should not be subject to
resale under the rates, charges, terms, or conditions available only to
residence customers.

(g) Cost based rates. Interconnection, collocation, network elements, and
operations
support systems shall be provided by the incumbent local exchange carrier to
requesting
telecommunications carriers at cost based rates. The immediate implementation
and
provisioning of interconnection, collocation, network elements, and operations
support
systems shall not be delayed due to any lack of determination by the Commission
as to
the cost based rates.  When cost based rates have not been established, within
30 days after
the filing of a petition for the setting of interim rates, or after the
Commission's own
motion, the Commission shall provide for interim rates that shall remain in
full force and
effect until the cost based rate determination is made, or the interim rate is
modified, by
the Commission.

(h) Rural exemption. This Section does not apply to certain rural telephone
companies as
described in 47 U.S.C. 251(f).

(i) Schedule of rates. A telecommunications carrier may request the
incumbent
local exchange carrier to provide a schedule of rates listing each of the rate
elements of
the incumbent local exchange carrier that pertains to a proposed order
identified by the
requesting telecommunications carrier for any of the matters covered in this
Section.  The
incumbent local exchange carrier shall deliver the requested schedule of rates
to the
requesting telecommunications carrier within 2 business days for 95% of the
requests for each requesting carrier

(j) Special access circuits.  Other than as provided in subdivision
(d)(4) of this Section
for the network elements platform described in that subdivision, nothing in
this amendatory Act of the 92nd General Assembly is intended to require or
prohibit the substitution of switched or special access services by or with a
combination of network elements nor address the Illinois Commerce Commission's
jurisdiction or authority in this area.

(k) The Commission shall determine any matters in dispute between the
incumbent local exchange carrier and the requesting carrier pursuant to Section
13‑515 of this Act.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑802)(from Ch. 111 2/3, par. 13‑802)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑802.

The Commission shall study the effects on telecommunications
carriers, providers and customers and on telecommunications services and
prices likely to result from the issuance of multiple Certificates of
Service Authority for Intra‑Market Service Area and local exchange service.

The Commission shall also study the need to retain mandatory prior
Commission approval of tariffs classifying a new interexchange
telecommunication service as competitive or reclassifying a previously
noncompetitive interexchange telecommunications service as competitive
as provided in Section 13‑502(e), and the effects of eliminating
such mandatory prior approval.  Such studies shall include notice and
an opportunity for participation and comment by all interested and
potentially affected parties.  Such studies shall be completed by
January 31, 1987 and a summary thereof, together with any legislative
recommendations, shall be included in the Commission's Annual Report due on
January 31, 1987.

(Source: P.A. 84‑1063.)

(220 ILCS 5/13‑803) (from Ch. 111 2/3, par. 13‑803)

Sec. 13‑803.

(Repealed).

(Source: P.A. 90‑185, eff. 7‑23‑97. Repealed by P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑901)(from Ch. 111 2/3, par. 13‑901)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑901.

Operator Service Provider.

(a) For the purposes of this Section:

(1) "Operator service provider" means every

telecommunications carrier that provides operator services or any other person or entity that the Commission determines is providing operator services.

(2) "Aggregator" means any person or entity that is

not an operator service provider and that in the ordinary course of its operations makes telephones available to the public or to transient users of its premises including, but not limited to, a hotel, motel, hospital, or university for telephone calls between points within this State that are specified by the user using an operator service provider.

(3) "Operator services" means any telecommunications

service that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call between points within this State that are specified by the user through a method other than:

(A) automatic completion with billing to the

telephone from which the call originated;

(B) completion through an access code or a

proprietory account number used by the consumer, with billing to an account previously established with the carrier by the consumer; or

(C) completion in association with directory

assistance services.

(b) The Commission shall, by rule or order, adopt and enforce
operating requirements for the provision of operator‑assisted services.
The rules shall apply to operator service providers and to aggregators.  The
rules shall be compatible with the rules  adopted by the Federal Communications
Commission under the federal Telephone Operator Consumer Services Improvement
Act of 1990. These requirements shall address, but not necessarily be limited
to, the following:

(1) oral and written notification of the identity of

the operator service provider and the availability of information regarding operator service provider rates, collection methods, and complaint resolution methods;

(2) restrictions on billing and charges for operator

services;

(3) restrictions on "call splashing" as that term is

defined in 47 C.F.R. Section 64.708;

(4) access to other telecommunications carriers by

the use of access codes including, but not limited to 800, 888, 950, and 10XXX numbers;

(5) the appropriate routing and handling of

emergency calls;

(6) the enforcement of these rules through tariffs

for operator services and by a requirement that operator service providers withhold payment of compensation to aggregators that have been found to be noncomplying by the Commission.

(c) The Commission shall adopt any rule necessary to make rules previously
adopted under this Section compatible with the rules of the Federal
Communications Commission no later than one year after the effective date of
this amendatory Act of 1993.

(d) A violation of any rule adopted by the Commission under subsection (b)
is a business offense subject to a fine of not less than $1,000 nor more than
$5,000.  In addition, the Commission may, after notice and hearing, order any
telecommunications carrier to terminate service to any aggregator found to have
violated any rule.

(Source: P.A. 90‑38, eff. 6‑27‑97; 91‑49, eff. 6‑30‑99.)

(220 ILCS 5/13‑902)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑902.

Authorization and verification of a subscriber's change in
telecommunications
carrier.

(a) Definitions; scope.

(1) "Submitting carrier" means any

telecommunications carrier that requests on behalf of a subscriber that the subscriber's telecommunications carrier be changed and seeks to provide retail services to the end user subscriber.

(2) "Executing carrier" means any telecommunications

carrier that effects a request that a subscriber's telecommunications carrier be changed.

(3) "Authorized carrier" means any

telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service with the subscriber's authorization verified in accordance with the procedures specified in this Section.

(4) "Unauthorized carrier" means any

telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with the procedures specified in this Section.

(5) "Unauthorized change" means a change in a

subscriber's selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures specified in this Section.

(6) "Subscriber" means:

(A) the party identified in the account records

of a common carrier as responsible for payment of the telephone bill;

(B) any adult person authorized by such party to

change telecommunications services or to charge services to the account; or

(C) any person contractually or otherwise

lawfully authorized to represent such party.

This Section does not apply to retail business subscribers served by
more than 20 lines.

(b) Authorization from the subscriber.  "Authorization" means an express,
affirmative
act by a subscriber agreeing to the change in the subscriber's
telecommunications carrier to
another carrier.  A subscriber's telecommunications service shall be provided
by the
telecommunications carrier selected by the subscriber.

(c) Authorization and verification of orders for telecommunications service.

(1) No telecommunications carrier shall submit or

execute a change on behalf of a subscriber in the subscriber's selection of a provider of telecommunications service except in accordance with the procedures prescribed in this subsection.

(2) No submitting carrier shall submit a change on

the behalf of a subscriber in the subscriber's selection of a provider of telecommunications service prior to obtaining:

(A) authorization from the subscriber; and

(B) verification of that authorization in

accordance with the procedures prescribed in this Section.

The submitting carrier shall maintain and preserve
records of verification of subscriber authorization for a minimum period of 2
years after obtaining such verification.

(3) An executing carrier shall not verify the

submission of a change in a subscriber's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures described in this Section shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier.

(4) Commercial mobile radio services (CMRS)

providers shall be excluded from the verification requirements of this Section as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with 47 U.S.C. 332(c)(8).

(5) Where a telecommunications carrier is selling

more than one type of telecommunications service (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, and international toll), that carrier must obtain separate authorization from the subscriber for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in this Section.

(6) No telecommunications carrier shall submit a

preferred carrier change order unless and until the order has been confirmed in accordance with one of the following procedures:

(A) The telecommunications carrier has obtained

the subscriber's written or electronically signed authorization in a form that meets the requirements of subsection (d).

(B) The telecommunications carrier has obtained

the subscriber's electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number or numbers on which the preferred carrier is to be changed and must confirm the information in subsections (b) and (c) of this Section.  Telecommunications carriers electing to confirm sales electronically shall establish one or more toll‑free telephone numbers exclusively for that purpose.  Calls to the toll‑free telephone numbers must connect a subscriber to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the originating automatic number identification.

(C) An appropriately qualified independent third

party has obtained, in accordance with the procedures set forth in paragraphs (7) through (10) of this subsection, the subscriber's oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data.  The independent third party must not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier change orders for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent.

(7) Methods of third party verification. Automated

third party verification systems and three‑way conference calls may be used for verification purposes so long as the requirements of paragraphs (8) through (10) of this subsection are satisfied.

(8) Carrier initiation of third party verification.

A carrier or a carrier's sales representative initiating a three‑way conference call or a call through an automated verification system must drop off the call once the three‑way connection has been established.

(9) Requirements for content and format of third

party verification. All third party verification methods shall elicit, at a minimum, the identity of the subscriber; confirmation that the person on the call is authorized to make the carrier change; confirmation that the person on the call wants to make the carrier change; the names of the carriers affected by the change; the telephone numbers to be switched; and the types of service involved. Third party verifiers may not market the carrier's services by providing additional information, including information regarding preferred carrier freeze procedures.

(10) Other requirements for third party

verification. All third party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. In accordance with the procedures set forth in paragraph (2)(B) of this subsection, submitting carriers shall maintain and preserve audio records of verification of subscriber authorization for a minimum period of 2 years after obtaining such verification. Automated systems must provide consumers with an option to speak with a live person at any time during the call.

(11) Telecommunications carriers must provide

subscribers the option of using one of the authorization and verification procedures specified in paragraph (6) of this subsection in addition to an electronically signed authorization and verification procedure under paragraph (6)(A) of this subsection.

(d) Letter of agency form and content.

(1) A telecommunications carrier may use a written

or electronically signed letter of agency to obtain authorization or verification, or both, of a subscriber's request to change his or her preferred carrier selection. A letter of agency that does not conform with this Section is invalid for purposes of this Section.

(2) The letter of agency shall be a separate

document (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in paragraph (5) of this subsection having the sole purpose of authorizing a telecommunications carrier to initiate a preferred carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line or lines requesting the preferred carrier change.

(3) The letter of agency shall not be combined on

the same document, screen, or webpage with inducements of any kind.

(4) Notwithstanding paragraphs (2) and (3) of this

subsection, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in paragraph (5) of this subsection and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold‑face type on the front of the check, a notice that the subscriber is authorizing a preferred carrier change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.

(5) At a minimum, the letter of agency must be

printed with a type of sufficient size and readability to be clearly legible and must contain clear and unambiguous language that confirms:

(A) The subscriber's billing name and address

and each telephone number to be covered by the preferred carrier change order;

(B) The decision to change the preferred carrier

from the current telecommunications carrier to the soliciting telecommunications carrier;

(C) That the subscriber designates (insert the

name of the submitting carrier) to act as the subscriber's agent for the preferred carrier change;

(D) That the subscriber understands that only

one telecommunications carrier may be designated as the subscriber's interstate or interLATA preferred interexchange carrier for any one telephone number.  To the extent that a jurisdiction allows the selection of additional preferred carriers (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, or international interexchange) the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and

(E) That the subscriber may consult with the

carrier as to whether a fee will apply to the change in the subscriber's preferred carrier.

(6) Any carrier designated in a letter of agency as

a preferred carrier must be the carrier directly setting the rates for the subscriber.

(7) Letters of agency shall not suggest or require

that a subscriber take some action in order to retain the subscriber's current telecommunications carrier.

(8) If any portion of a letter of agency is

translated into another language then all portions of the letter of agency must be translated into that language.  Every letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the letter of agency.

(9) Letters of agency submitted with an

electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act.

(10) A telecommunications carrier shall submit a

preferred carrier change order on behalf of a subscriber within no more than 60 days after obtaining a written or electronically signed letter of agency.

(11) If a telecommunications carrier uses a letter

of agency, the carrier shall send a letter to the subscriber using first class mail, postage prepaid, no later than 10 days after the telecommunications carrier submitting the change in the subscriber's telecommunications carrier is on notice that the change has occurred.  The letter must inform the subscriber of the details of the telecommunications carrier change and provide the subscriber with a toll free number to call should the subscriber wish to cancel the change.

(e) A switch in a subscriber's selection of a provider of telecommunications
service that
complies with the rules promulgated by the Federal Communications Commission
and any
amendments thereto shall be deemed to be in compliance with the provisions of
this Section.

(f) The Commission shall promulgate any rules necessary to administer this
Section.
The rules promulgated under this Section shall comport with the rules, if any,
promulgated by
the Attorney General pursuant to the Consumer Fraud and Deceptive Business
Practices Act
and with any rules promulgated by the Federal Communications Commission.

(g) Complaints may be filed with the Commission under this Section by a
subscriber
whose telecommunications service has been provided by an unauthorized
telecommunications
carrier as a result of an unreasonable delay, by a subscriber whose
telecommunications carrier
has been changed to another telecommunications carrier in a manner not in
compliance with
this Section,
by a subscriber's authorized  telecommunications carrier that has been removed
as a
subscriber's telecommunications carrier in a manner not in compliance with this
Section, by
a subscriber's
authorized submitting carrier whose change order was delayed unreasonably, or
by the
Commission on its own motion.  Upon filing of the complaint, the parties may
mutually agree
to submit the complaint to the Commission's established mediation process.
Remedies in the
mediation process may include, but shall not be limited to, the remedies set
forth in this
subsection.  In its discretion, the Commission may deny the availability of the
mediation
process and submit the complaint to hearings.  If the complaint is not
submitted to mediation
or if no agreement is reached during the mediation process, hearings shall be
held on the
complaint.  If, after notice and hearing, the Commission finds that a
telecommunications carrier
has violated this Section or a rule promulgated under this Section, the
Commission may in its
discretion do any one or more of the following:

(1) Require the violating telecommunications carrier

to refund to the subscriber all fees and charges collected from the subscriber for services up to the time the subscriber receives written notice of the fact that the violating carrier is providing telecommunications service to the subscriber, including notice on the subscriber's bill. For unreasonable delays wherein telecommunications service is provided by an unauthorized carrier, the Commission may require the violating carrier to refund to the subscriber all fees and charges collected from the subscriber during the unreasonable delay.  The Commission may order the remedial action outlined in this subsection only to the extent that the same remedial action is allowed pursuant to rules or regulations promulgated by the Federal Communications Commission.

(2) Require the violating telecommunications carrier

to refund to the subscriber charges collected in excess of those that would have been charged by the subscriber's authorized telecommunications carrier.

(3) Require the violating telecommunications carrier

to pay to the subscriber's authorized telecommunications carrier the amount the authorized telecommunications carrier would have collected for the telecommunications service.  The Commission is authorized to reduce this payment by any amount already paid by the violating telecommunications carrier to the subscriber's authorized telecommunications carrier for those telecommunications services.

(4) Require the violating telecommunications carrier

to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.

(5) Issue a cease and desist order.

(6) For a pattern of violation of this Section or

for intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑903)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑903.

Authorization, verification or notification, and dispute
resolution for
covered product and service charges on the telephone bill.

(a) Definitions. As used in this Section:

(1) "Subscriber" means a telecommunications

carrier's retail business customer served by not more than 20 lines or a retail residential customer.

(2) "Telecommunications carrier" has the meaning

given in Section 13‑202 of the Public Utilities Act and includes agents and employees of a telecommunications carrier, except that "telecommunications carrier" does not include a provider of commercial mobile radio services (as defined by 47 U.S.C. 332(d)(1)).

(b) Applicability of Section. This Section does not apply to:

(1) changes in a subscriber's local exchange

telecommunications service or interexchange telecommunications service;

(2) message telecommunications charges that are

initiated by dialing 1+, 0+, 0‑, 1010XXX, or collect calls and charges for video services if the service provider has the necessary call detail record to establish the billing for the call or service; and

(3) telecommunications services available on a

subscriber's line when the subscriber activates and pays for the services on a per use basis.

(c) Requirements for billing authorized charges.  A telecommunications
carrier shall
meet all of the following requirements before submitting charges for any
product or service to
be billed on any subscriber's telephone bill:

(1) Inform the subscriber. The telecommunications

carrier offering the product or service must thoroughly inform the subscriber of the product or service being offered, including all associated charges, and explicitly inform the subscriber that the associated charges for the product or service will appear on the subscriber's telephone bill.

(2) Obtain subscriber authorization. The subscriber

must have clearly and explicitly consented to obtaining the product or service offered and to having the associated charges appear on the subscriber's telephone bill.  The consent must be verified by the service provider in accordance with subsection (d) of this Section.  A record of the consent must be maintained by the telecommunications carrier offering the product or service for at least 24 months immediately after the consent and verification were obtained.

(d) Verification or notification.  Except in subscriber‑initiated
transactions with a
certificated telecommunications carrier for which the telecommunications
carrier has the
appropriate documentation, the telecommunications carrier, after obtaining the
subscriber's
authorization in the required manner, shall either verify the authorization or
notify the
subscriber as follows:

(1) Independent third‑party verification:

(A) Verification shall be obtained by an

independent third party that:

(i) operates from a facility physically

separate from that of the telecommunications carrier;

(ii) is not directly or indirectly managed,

controlled, directed, or owned wholly or in part by the telecommunications carrier or the carrier's marketing agent; and

(iii) does not derive commissions or

compensation based upon the number of sales confirmed.

(B) The third‑party verification agent shall

state, and shall obtain the subscriber's acknowledgment of, the following disclosures:

(i) the subscriber's name, address, and the

 telephone numbers of all telephone lines that will be charged for the product or service of the telecommunications carrier;

(ii) that the person speaking to the third

party verification agent is in fact the subscriber;

(iii) that the subscriber wishes to purchase

the product or service of the telecommunications carrier and is agreeing to do so;

(iv) that the subscriber understands that

the charges for the product or service of the telecommunications carrier will appear on the subscriber's telephone bill; and

(v) the name and customer service telephone

number of the telecommunications carrier.

(C) The telecommunications carrier shall retain,

electronically or otherwise, proof of the verification of sales for a minimum of 24 months.

(2) Notification. Written notification shall be

provided as follows:

(A) the telecommunications carrier shall mail a

letter to the subscriber using first class mail, postage prepaid, no later than 10 days after initiation of the product or service;

(B) the letter shall be a separate document sent

for the sole purpose of describing the product or service of the telecommunications carrier;

(C) the letter shall be printed with 10‑point or

larger type and clearly and conspicuously disclose the material terms and conditions of the offer of the telecommunications carrier, as described in paragraph (1) of subsection (c);

(D) the letter shall contain a toll‑free

telephone number the subscriber can call to cancel the product or service;

(E) the telecommunications carrier shall retain,

electronically or otherwise, proof of written notification for a minimum of 24 months; and

(F) written notification can be provided via

electronic mail if consumers are given the disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act.

(e) Unauthorized charges.

(1) Responsibilities of the billing

telecommunications carrier for unauthorized charges.  If a subscriber's telephone bill is charged for any product or service without proper subscriber authorization and verification or notification of authorization in compliance with this Section, the telecommunications carrier that billed the subscriber, on its knowledge or notification of any unauthorized charge, shall promptly, but not later than 45 days after the date of the knowledge or notification of an unauthorized charge:

(A) notify the product or service provider to

immediately cease charging the subscriber for the unauthorized product or service;

(B) remove the unauthorized charge from the

subscriber's bill; and

(C) refund or credit to the subscriber all money

that the subscriber has paid for any unauthorized charge.

(f) The Commission shall promulgate any rules necessary to ensure that
subscribers are
not billed on the telephone bill for products or services in a manner not in
compliance with this
Section.  The rules promulgated under this Section shall comport with the
rules, if any,
promulgated by the Attorney General pursuant to the Consumer Fraud and
Deceptive Business
Practices Act and with any rules promulgated by the Federal Communications
Commission or
Federal Trade Commission.

(g) Complaints may be filed with the Commission under this Section by a
subscriber
who has been billed on the telephone bill for products or services not in
compliance with this
Section or by the Commission on its own motion.  Upon filing of the complaint,
the parties
may mutually agree to submit the complaint to the Commission's established
mediation
process.  Remedies in the mediation process may include, but shall not be
limited to, the
remedies set forth in paragraphs (1) through (4) of this subsection.  In its
discretion, the
Commission may deny the availability of the mediation process and submit the
complaint to
hearings.  If the complaint is not submitted to mediation or if no agreement is
reached during
the mediation process, hearings shall be held on the complaint pursuant to
Article 10 of this
Act.  If after notice and hearing, the Commission finds that a
telecommunications carrier has
violated this Section or a rule promulgated under this Section, the Commission
may in its
discretion order any one or more of the following:

(1) Require the violating telecommunications carrier

to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.

(2) Require the violating carrier to refund or

cancel all charges for products or services not billed in compliance with this Section.

(3) Issue a cease and desist order.

(4) For a pattern of violation of this Section or

for intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority.

(Source: P.A. 92‑22, eff. 6‑30‑01.)

(220 ILCS 5/13‑1200)

(Section scheduled to be repealed on July 1, 2007)

Sec. 13‑1200. Repealer. This Article is repealed July 1, 2007.

(Source: P.A. 94‑76, eff. 6‑24‑05.)

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